Jarboe v. City of Carrollton
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge.' (1) This court has held that a city is not legally obliged to supply, repair or maintain a passway to property abutting on a street. Calhoun v. Milan, 64 Mo. App. 398. It seems to us that this principle of law applies to this case.
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Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge.' (1) This court has held that a city is not legally obliged to supply, repair or maintain a passway to property abutting on a street. Calhoun v. Milan, 64 Mo. App. 398. It seems to us that this principle of law applies to this case. It will be observed that this is not a suit predicated upon article 2, section 21 of constitution of 1875, under which a suit for damages against a city may be maintained under certain circumstances without negligence. Hickman v. Kansas City, 120 Mo. 110. (2) We have been unable to find a case of…
1Opinion of the CourtEllisoN, J.
Plaintiff was the owner of residence property within the limits of defendant city described as lots 1, 8 and 4. Lots 1 and 8 fronted on Main street and were several feet above the gTac]e 0f that street. Lot 4 fronted on Eolger street, the grade of the latter street being such as to allow free access to plaintiff’s property over lot 4. The defendant city authorized a certain street railway company to construct and maintain its track along Folger street, and in doing so the company lowered the grade of the street between ten and twelve feet, leaving embankments of that height, thus cutting off…
2Cases cited8 opinions
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Schopp v. City of St. LouisSupreme Court of Missouri · 1893
- Golden v. City of ClintonMissouri Court of Appeals · 1893
- Beaudean v. City of Cape GirardeauSupreme Court of Missouri · 1880
- Martin v. Chicago, Santa Fe & California Railway Co.Missouri Court of Appeals · 1892
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