Bledsoe v. Stallard
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Lucian J. Eastin, Judge. (1) Private property cannot he taken or damaged for public use, without a literal compliance with the State Constitution, and all statutory requirements.
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Appeal from Buchanan Circuit Court. — Hon. Lucian J. Eastin, Judge. (1) Private property cannot he taken or damaged for public use, without a literal compliance with the State Constitution, and all statutory requirements. Leslie v. St. Louis, 47 Mo. 474; Ells v. Railroad, 51 Mo. 200; Anderson v. Pemberton, 89 Mo. 61; Williams v. Kirby, 169 Mo. 628. (2) The county court never had any jurisdiction to make any order coneerning the grading of Bledsoe Hill; 1, unless it complied with the requirements of the Act of March' 26, 1903; 2, even had it complied with the requirements of said act it had…
1Opinion of the CourtBrown, P. J.
Injunction to restrain defendant from lowering the grade of a public road. Prom a final judgment for defendant, plaintiff appeals.
The plaintiff owns some farm lands in Buchanan county, Missouri, adjoining what is known as the Union Public Road. Plaintiff’s dwelling house and other buildings are situated on a hill and he contends that if defendant is permitted to lower the grade of said road on said hill in front of plaintiff’s buildings he will be irreparably injured.
In the year 1902 the proper authorities of Buchanan county undertook to lower the grade of the aforesaid public road in front…
2Cases cited8 opinions
- Huling v. Kaw Valley Railway & Improvement Co.Supreme Court of the United States · 1889
- Leigh v. GreenSupreme Court of the United States · 1904
- State v. LaytonSupreme Court of Missouri · 1901
- State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
- State ex rel. Judah v. FortSupreme Court of Missouri · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barker v. St. Louis CountySupreme Court of Missouri · 1937
- Alexander v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1920
- United States v. WinnDistrict Court, W.D. South Carolina · 1949
- State v. Scullin-Gallagher Iron & Steel Co.Supreme Court of Missouri · 1916