City of Kansas v. Baird
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Condemnation proceedings, upon appeal, are to be tried as other cases, the same rules of evidence apply, and in awarding damages and assessing benefits the jury should no more be instructed to be “guided by their own judgment,” than in the trial of ordinary cases where similar questions are involved.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Condemnation proceedings, upon appeal, are to be tried as other cases, the same rules of evidence apply, and in awarding damages and assessing benefits the jury should no more be instructed to be “guided by their own judgment,” than in the trial of ordinary cases where similar questions are involved. City Charter, art. 7, sec. 6 ; County Ct. v. Griswold, 58 Mo. 199 ; Redf. on Railways (2 Ed.) p. 143, sec. 12. (2) A legislative construction of the constitution is not binding on the judiciary and a city , ordinance may be shown…
1Opinion of the CourtBlack, J.
— This was a proceeding by the city of Kansas to widen and extend Broadway street from Twenty-third street south to city limits. The defendants are persons whose property was condemned by the *218ordinance and persons who own property within the district over which benefits were to be assessed. There was a trial anew in the circuit court, and from the judgment of that court, confirming the verdict of the jury, two of the defendants, namely, Wilkinson and Egelhoff, appealed. The appellants are owners of property taken and of property assessed with benefits.
The circuit court, in its instructions to…
2Cases cited3 opinions
- City of Savannah v. HancockSupreme Court of Missouri · 1886
- City of Kansas v. ButterfieldSupreme Court of Missouri · 1886
- City of Kansas v. HillSupreme Court of Missouri · 1883
3Cited by17 opinions
- Kansas City v. BaconSupreme Court of Missouri · 1898
- Joplin Consolidated Mining Co. v. City of JoplinSupreme Court of Missouri · 1894
- Kansas City v. SmartSupreme Court of Missouri · 1895
- City of Cape Girardeau v. HouckSupreme Court of Missouri · 1895
- State Ex Rel. State Highway Commission v. BaumhoffMissouri Court of Appeals · 1936
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