Davis v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. Q. McGregor, Judge. (1) It is conceded that the grading, etc., in front of plaintiff’s property was done in a workmanlike and proper manner. It is averred in petition “that said embankment is of a permanent character and was constructed by the defendant under a license granted to the said defendant by the said city of Carthage.” The defendant was duly authorized by said city of Carthage to cross McGregor street with its road.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. M. Q. McGregor, Judge. (1) It is conceded that the grading, etc., in front of plaintiff’s property was done in a workmanlike and proper manner. It is averred in petition “that said embankment is of a permanent character and was constructed by the defendant under a license granted to the said defendant by the said city of Carthage.” The defendant was duly authorized by said city of Carthage to cross McGregor street with its road. The court, therefore, committed reversible error in refusing defendant’s instruction number 9. (2) Plaintiff improved his…
1Opinion of the CourtMaoearlaNE, J.
This action is for damages done to the plaintiff on account of grading, by defendant, of McGregor street, in the city of Carthage, in front of his property fronting on said street. The petition charged that plaintiff was the owner of lot 175 fronting on the east side of McGregor street, except a small portion thereof which is described; that for the purpose of raising the grade of said street, in the year 1890, defendant constructed in said street, to its full *183■width and about eight feet high, in front of plaintiff’s property, an embankment of a permanent character, which was done under a…
2Cases cited7 opinions
- Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
- City of Atlanta v. GreenSupreme Court of Georgia · 1881
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Van DeVere v. Kansas CitySupreme Court of Missouri · 1891
- Harmon v. City of OmahaNebraska Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Blair v. City of CharlestonWest Virginia Supreme Court · 1896
- Sallden v. City of Little FallsSupreme Court of Minnesota · 1907
- Kimball v. Salt Lake CityUtah Supreme Court · 1907
20 more not listed; retrieve them via the Exa API.