Legal Opinion

Wolters v. City of St. Louis

Supreme Court of Missouri

Decided December 23, 1895PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Hon.' D. D. Fishes, Judge. (1) Appellant' only having been paid for the twenty feet of ground and the improvements thereon she had a right to have the damage aásessed to the remaining thirty feet.

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Appeal from St. Louis City Circuit Court. — Hon.' D. D. Fishes, Judge. (1) Appellant' only having been paid for the twenty feet of ground and the improvements thereon she had a right to have the damage aásessed to the remaining thirty feet. Railroad v. Calkins, 90 Mo. 538; Railroad v. Story, 96 Mo. 611; Railroad v. Baker, 102 Mo. 553. '(2) The court erred in instructing the jury “that they can not allow appellant any damages in this case by reason or in consequence of her lot being reduced from fifty feet to thirty feet, but that all such damages were included in the $12,000 which was allowed…

1Opinion of the CourtBulgess, J.

This is an action against the defendant for damages to plaintiff’s property, which she alleges it sustained by reason of the ‘ erection of a bridge by the city alongside of her property on Twenty-first street.

The petition alleges that the plaintiff owned a lot on the northeast corner of Twenty-first and Randolph streets, having a front of thirty feet on the north line of Randolph street by a depth northwardly of one hundred feet on Twenty-first street; that on the fifteenth day of August, 1889, the city commenced, and has since completed, the construction of a bridge on Twenty-first street,…

2Cases cited3 opinions

  1. Spencer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1894
  2. Kansas City v. MortonSupreme Court of Missouri · 1893
  3. Slattery v. City of St. LouisSupreme Court of Missouri · 1894

3Cited by16 opinions

  1. Swift & Co. v. City of Newport NewsSupreme Court of Virginia · 1906
  2. State v. BlitzMissouri Court of Appeals · 1903
  3. Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
  4. Balz v. NelsonMissouri Court of Appeals · 1903
  5. Little Tarkio Drainage District No. One v. RichardsonSupreme Court of Missouri · 1911

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