Carder v. Fabius River Drainage District No. 3
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. The board of supervisors alone has power to locate the ditch. R. S. 1909, sec. 5512. But the board of supervisors has no right to so locate the ditch that the actual damages will be maximized and the actual benefits minimized to the extent of making the actual damages exceed the actual benefits. Laws 1911, p. 212, sec. 5518a. True this section furnishes a remedy where the estimated cost exceeds the benefits.
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Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. The board of supervisors alone has power to locate the ditch. R. S. 1909, sec. 5512. But the board of supervisors has no right to so locate the ditch that the actual damages will be maximized and the actual benefits minimized to the extent of making the actual damages exceed the actual benefits. Laws 1911, p. 212, sec. 5518a. True this section furnishes a remedy where the estimated cost exceeds the benefits. But in this case.appellants alleged and offered to prove that the estimate was false and fraudulent and that the item of…
1Opinion of the CourtParis, J.
Injunction suit by Calvin Carder and twelve other taxpayers and owners of real estate in defendant drainage district, against the said district (called hereinafter for brevity, the district), and D. A. Prazee and three others as supervisors thereof. Object of the action is to enjoin defendants from constructing and maintaining its drainage ditch as proposed in the plan of drainage filed and adopted. Plaintiffs on a hearing upon the merits were cast and have appealed so far as we note, duly.
*547For a better understanding of the ease and to better illustrate an alleged error based on the action of…
2Cases cited3 opinions
- Morrison v. MoreySupreme Court of Missouri · 1898
- Darrow v. BriggsSupreme Court of Missouri · 1914
- Parkyne v. ChurchillSupreme Court of Missouri · 1912
3Cited by6 opinions
- Buschling v. AckleySupreme Court of Missouri · 1917
- Anderson v. Inter-River Drainage & Levee DistrictSupreme Court of Missouri · 1925
- State ex rel. Caruthers v. Little River Drainage DistrictSupreme Court of Missouri · 1917
- Mingo Drainage District v. WilsonSupreme Court of Missouri · 1916
- Dickey v. Webster CountySupreme Court of Missouri · 1927
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