MacMurray-Judge Architectural Iron Co. v. City of St. Louis
Supreme Court of Missouri
Appeal from St, Louis City Circuit Court. (1) Under the terms of section 21, of article 2, of the Constitution, one whose property is damaged for public use is entitled at any time after the work has commenced, to have his compensation adjusted and paid without reference to the fact that the work is not completed. 1 R. S. 61; Hickmcm v. Kansas City, 120 Mo. 110; St. Lotiis v. Hill, 116 Mo. 527; St. Louis v. Lang, 131 Mo. 412. (2) The charge is distinctly made in the petition…
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Appeal from St, Louis City Circuit Court. (1) Under the terms of section 21, of article 2, of the Constitution, one whose property is damaged for public use is entitled at any time after the work has commenced, to have his compensation adjusted and paid without reference to the fact that the work is not completed. 1 R. S. 61; Hickmcm v. Kansas City, 120 Mo. 110; St. Lotiis v. Hill, 116 Mo. 527; St. Louis v. Lang, 131 Mo. 412. (2) The charge is distinctly made in the petition in this case, “that the defendant is prosecuting the work of changing the grade of Twenty-first street, Papin street,…
1Opinion of the CourtBurgess, J.
This is a suit in equity to enjoin and restrain defendant from changing the grade of certain streets and an alley in said city, in pursuance of its ordinances, until the damage sustained by plaintiff to its property by reason thereof is adjusted, and to recover damage in the sum of $75,000, alleged to have been sustained by plaintiff by reason of said change of grade, etc.
The petition leaving off the formal parts is as follows:
“Plaintiff states that it is, and was at the times hereinafter mentioned, a corporation created by the laws of Missouri, and the defendant is and has been, since the…
2Cases cited4 opinions
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- City of St. Louis ex rel. Creamer v. ClemensSupreme Court of Missouri · 1873
- City of St. Louis v. LangSupreme Court of Missouri · 1895
- City of Louisiana v. MillerSupreme Court of Missouri · 1877
3Cited by10 opinions
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Stewart v. City of SpringfieldSupreme Court of Missouri · 1942
- State Ex Rel. Hilleary and Partners, Ltd. v. KellyMissouri Court of Appeals · 1969
- Neblett v. McGraw & BrewerCourt of Appeals of Texas · 1905
- Devers v. HowardMissouri Court of Appeals · 1901
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