Sherlock v. Kansas City Belt Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Edward L. Scarritt, Judge. (1) The only damage which the evidence showed plaintiffs’ property to have sustained by defendant’s acts, under the ordinance, which authorized it to do certain work in the alley, was caused solely by lowering the natural surface to the grade established by the city. This damage did not-entitle plaintiffs to injunctive relief. First. Because no claim therefor was made in the petition. Second.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Edward L. Scarritt, Judge. (1) The only damage which the evidence showed plaintiffs’ property to have sustained by defendant’s acts, under the ordinance, which authorized it to do certain work in the alley, was caused solely by lowering the natural surface to the grade established by the city. This damage did not-entitle plaintiffs to injunctive relief. First. Because no claim therefor was made in the petition. Second. Because at the hearing plaintiffs disclaimed any right to recover therefor.' Tomlinson v. Ellison,.104 Mo. 105. Third. Because the…
1Opinion of the CourtGantt, P. J.
This is an appeal from a decree of the circuit court of Jackson county perpetually enjoining the defendant, a steam railroad company, organized under the laws of this State, from constructing its track and operating its engines and cars along a public alley from Seventeenth to Eighteenth streets and between Walnut street and Grand avenue, in Kansas City, Missouri.
The plaintiffs are the owners of lot 367 in block 28 in McGee’s addition in Kansas City. Said lot fronts on the west side of Grand Avenue with a width thereon of forty-nine and one half feet and runs westwardly one hundred and…
2Cases cited9 opinions
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- Glaessner v. Anheuser-Busch Brewing Ass'nSupreme Court of Missouri · 1890
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Knapp, Stout & Co. v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- DeGeofroy v. Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1904
- State ex rel. Belt v. City of St. LouisSupreme Court of Missouri · 1901
- Nagel v. Lindell Railway Co.Supreme Court of Missouri · 1902
- Ruckert v. Grand Avenue Railway Co.Supreme Court of Missouri · 1901
15 more not listed; retrieve them via the Exa API.