Clemens v. Connecticut Mutual Life Insurance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. P. R. Fliicraft, Judge. (1) The evidence discloses a total failure of proof. The petition charges that defendants were changing the grade of Arkansas avenue without any authority to do so. It describes a trespass, whereas the evidence shows that every act of defendants was authorized by ordinance of the city and by permits from the proper city authority.
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Appeal from St. Louis City Circuit Court. — Hon. P. R. Fliicraft, Judge. (1) The evidence discloses a total failure of proof. The petition charges that defendants were changing the grade of Arkansas avenue without any authority to do so. It describes a trespass, whereas the evidence shows that every act of defendants was authorized by ordinance of the city and by permits from the proper city authority. No claim is made in the petition of an injury by a lawful or authorized change of grade. The failure of proof is obvious and glaring, and there was no ground for the decree. Crawford v.…
1Opinion of the CourtGantt, P. J.
This is an appeal from a decree of the circuit court of the city of St. Louis perpetually enjoining the defendants from changing the grade of Arkansas avenue in said city, between the north line of Cherokee street and the south line of McKean avenue, and from changing the grade of the alley running from the Gravois Road or Gratiot avenue to Arkansas avenue through city block 1492 of the'city of St. Louis.
*49This suit was commenced June 20, 1899, and a preliminary injunction was granted June 26, 1899.
The petition states that the plaintiff is the owner of lots 8, 9 and 10 in block 1492, having an…
2Cases cited21 opinions
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Householder v. City of KansasSupreme Court of Missouri · 1884
- McMahon v. St. Louis, Arkansas & Texas RailroadSupreme Court of Louisiana · 1889
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3Cited by26 opinions
- Vanderburgh v. City of MinneapolisSupreme Court of Minnesota · 1906
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Smith v. City of SedaliaSupreme Court of Missouri · 1912
- Summerford v. Board of Com'rs.New Mexico Supreme Court · 1931
- McGrew v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1913
21 more not listed; retrieve them via the Exa API.