Tegeler v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — So». E. P. Gates, Judge. (1) The court erred in giving instruction number two for plaintiff on the measure of damages. Trust Co. v. Bambrick, 149 Mo. 560; Martin v. Railroad, 47 Mo. App., 452; Sheehy v. Railroad, 94 Mo. 574. (2) The court erred in permitting plaintiff to recover damages for the cost of a retaining wall. Bauman- v. Boeckeler, 119 Mo. 189; Rosenberger v. Miller, 61 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — So». E. P. Gates, Judge. (1) The court erred in giving instruction number two for plaintiff on the measure of damages. Trust Co. v. Bambrick, 149 Mo. 560; Martin v. Railroad, 47 Mo. App., 452; Sheehy v. Railroad, 94 Mo. 574. (2) The court erred in permitting plaintiff to recover damages for the cost of a retaining wall. Bauman- v. Boeckeler, 119 Mo. 189; Rosenberger v. Miller, 61 Mo. App. 422; Brinck v. Collier, 56 Mo. 164. (1) The court committed no error in giving instruction number two. This was not an act of trespass, but was a taking of. private…
1Opinion of the CourtSmith, P. J.
Plaintiffs are husband and wife. The latter is the owner of a lot of land having forty-six feet frontage on the west side of Forest avenue and •extending back about one hundred and fifty feet to the alley. Plaintiff’s lot is level, except for about ten feet in the rear. At this point the ground commences to rise rapidly. There is a two-story house on the property, having nine rooms. The wife purchased the property in 1896. A year or two later, in conjunction with the owner of the property on either side, plaintiffs built a board fence across the rear of their lot, about twelve feet inside of…
2Cases cited21 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
16 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Irvine v. City of OelweinSupreme Court of Iowa · 1915
- Reutner v. VougaMissouri Court of Appeals · 1963
- Welker v. PankeyMissouri Court of Appeals · 1949
- Kirkpatrick v. Piedmont Traction Co.Supreme Court of North Carolina · 1915
1 more not listed; retrieve them via the Exa API.