Kansas City v. Morton
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The court should not have allowed the questions, asked by the city, of witness Hyer to be asked or answered. He was not shown in any way to be qualified to express his opinion. Lewis on Eminent Domain, sec. 437; Railroad v. Vance, 115 Pa.
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Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The court should not have allowed the questions, asked by the city, of witness Hyer to be asked or answered. He was not shown in any way to be qualified to express his opinion. Lewis on Eminent Domain, sec. 437; Railroad v. Vance, 115 Pa. St. 325. (2) The same rule should be applied in assessing benefits on both the lands that are damaged and those that are not; and the court, therefore, erred in giving instruction number 3 of its own motion, in connection with instructions numbered 1 and 2 asked by city, and erred in refusing…
1Opinion of the CourtMacfarlane, J.
— This is a proceeding under the charter of Kansas City, for the assessment of damages and benefits to private property for the proposed grading of an alley lying between Wyandotte and Central streets and extending through the block from Ninth street to Tenth street, the length being two hundred and forty-seven feet.
The- passage of an appropriate ordinance was effected and all preliminary steps were taken for the assessment of damages. Annie Morton owned lot number 6 in said block, which was twenty-four feet wide, lying on the west side of the alley, fronting south on Tenth street and…
2Cases cited7 opinions
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Keith v. BinghamSupreme Court of Missouri · 1889
- Johnson v. DuerSupreme Court of Missouri · 1893
- McReynolds v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Kansas City v. BaconSupreme Court of Missouri · 1898
- Pima County v. De ConciniArizona Supreme Court · 1955
- Kansas City v. SmartSupreme Court of Missouri · 1895
7 more not listed; retrieve them via the Exa API.