James v. City of Kansas
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. P. M. Black, Judge. (1) Private property cannot be taken for public use without the owner’s consent or without its being first condemned on proper legal proceedings.
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Appeal from Jackson Circuit Court. — Hon. P. M. Black, Judge. (1) Private property cannot be taken for public use without the owner’s consent or without its being first condemned on proper legal proceedings. Hildreth v. Lowell, 11 Gray 345; Delphi v. Evans, 36 Ind. 90; City v. Armstrong, 56 Mo. 298; Soulard v. St. Louis, 36 Mo. 546. (2) The city having ratified and adopted the tortious acts of its servants in constructing said sewer upon plaintiff’s land without legal authority, has adopted the trespass and is, therefore, liable to the plaintiff for damages sustained thereby. Billon on Mun.…
1Opinion of the Court
Ewing, C.
This is a suit for trespass on real estate commenced the 29th of March, 1879. The petition alleges the ownership of certain lots in the City of Kansas to be in plaintiff. That in 1869 the defendant, without leave and wrongfully, entered thereon and caused to be built a sewer. That afterwards plaintiff built a house on his said lot and by reason of the sewer it cost him $900 more to make his foundation than it would if there had been no sewer there, whereby he is damaged, etc.
The answer, amongst other things, pleaded the statute of limitations. Upon the trial the plaintiff offered…
2Cases cited3 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Kansas Pacific Railway v. MihlmanSupreme Court of Kansas · 1876
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
3Cited by17 opinions
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Tooker v. Missouri Power & Light Co.Supreme Court of Missouri · 1935
- DeGeofroy v. Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1904
- Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Bird v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
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