City of Topeka v. Sells
Supreme Court of Kansas
Error from Shawnee District Court. Action by Sells against the City to recover damages to lots 75 and 77 on Kansas avenue, in the city of Topeka, caused by changing the grade of the street. Judgment for tbe plaintiff, on December 15, 1888, for $1,200. The defendant brings error. The material facts are stated in the opinion.
1Opinion of the Court
*521Opinion by
Simpson, C.:
This is an action by Sells against the city of Topeka to recover damages to property, occasioned by a change of a grade on Kansas avenue. Sells owns lots 75 and 77 on said street, and improved the same by the construction of two large brick store buildings. The property is situated on the west side of Kansas avenue, between Third and Fourth streets. Before he commenced the erection of these buildings, he took great precaution to have them built to conform to the grade of the street, as they were designed for business purposes. Similar precautions were also taken about…
2Cases cited17 opinions
- City of Evansville v. DeckerIndiana Supreme Court · 1882
- City of Elgin v. EatonIllinois Supreme Court · 1876
- City of Logansport v. WrightIndiana Supreme Court · 1865
- Macy v. City of IndianapolisIndiana Supreme Court · 1861
- People ex rel. Decatur & State Line Railway Co. v. McRobertsIllinois Supreme Court · 1871
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3Cited by4 opinions
- McGavock v. City of OmahaNebraska Supreme Court · 1894
- Lux v. City of TopekaSupreme Court of Kansas · 1969
- Atchison Ice Co. v. City of AtchisonSupreme Court of Kansas · 1951
- Rinehart v. City of ConcordiaSupreme Court of Kansas · 1940