Legal Opinion

Stuebner v. City of St. Joseph

Missouri Court of Appeals

Decided October 30, 1899PublishedCited by 2 opinions

Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The trial court erred in excluding the .ordinance, contract, and the offer of oral testimony made by plaintiffs, and in compelling plaintiffs to take an involuntary nonsuit. The trial court, in its rulings, applied to the facts in this case the case of Beatty v. St. Joseph, 57 Mo. App. 251, and in so doing erred.

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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The trial court erred in excluding the .ordinance, contract, and the offer of oral testimony made by plaintiffs, and in compelling plaintiffs to take an involuntary nonsuit. The trial court, in its rulings, applied to the facts in this case the case of Beatty v. St. Joseph, 57 Mo. App. 251, and in so doing erred. (2) The city engineer under the power conferred upon him by the charter of the city and the ordinance offered in evidence, made the contract offered in evidence which expressly authorized the contractor to make…

1Opinion of the CourtGill, J.

Plaintiff sued the City of St. Joseph for alleged damages done by reducing the surface of Locust street in front of his real estate. At the trial of the case the court *275excluded the ordinance and contract offered in evidence by the plaintiff, on the ground that they did not authorize the excavation of the street at the point complained of, and that therefore the city was not liable for said change of grade. Plaintiff thereupon took a nonsuit with leave; the court refused to set the same aside on plaintiff’s motion, and he then brought the case here by appeal.

The excluded ordinance was…

2Cases cited2 opinions

  1. Beatty v. City of St. JosephMissouri Court of Appeals · 1894
  2. Gehling v. City of St. JosephMissouri Court of Appeals · 1892

3Cited by2 opinions

  1. Connelly v. City of SedaliaMissouri Court of Appeals · 1928
  2. Calvert v. City of St. JosephMissouri Court of Appeals · 1906

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