Householder v. City of Kansas
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gtill, Judge. (1) It has been repeatedly held in this state that a municipal corporation is not liable for damages resulting from a change in the grade of its streets, unless the work was done negligently or unskilfully.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gtill, Judge. (1) It has been repeatedly held in this state that a municipal corporation is not liable for damages resulting from a change in the grade of its streets, unless the work was done negligently or unskilfully. Schattner v. Kansas City, 53 Mo. 162; Wegman v. Jefferson City, 61 Mo. 55. There is no such allegation in the petition and it states no cause of action unless the action is authorized by sec. 21 of art. 2 of the constitution of 1875. (2) This provision of the Constitution does not justify the action. A constitutional provision…
1Opinion of the CourtHenry, C. J.
This suit is for the recovery of damages against the City of Kansas for an alleged-injury to a lot owned by plaintiff, occasioned by a change in the grade of Delaware street, in said city. Plaintiff obtained a judgment, from which the defendant has appealed.
Prior to the adoption of the constitution of 1875, the owner had no redress for such injury to his property as is here complained of, this court having held in a line of decisions unbroken, but in one instance, that it was damnum absque injuria. In an elaborate brief the counsel for the city has made an ingenious argument in support of the…
2Cases cited4 opinions
- Johnson v. City of ParkersburgWest Virginia Supreme Court · 1880
- Moore v. City of AtlantaSupreme Court of Georgia · 1883
- Fusz v. SpaunhorstSupreme Court of Missouri · 1878
- Dooley v. City of KansasSupreme Court of Missouri · 1884
3Cited by53 opinions
- Rose v. State of CaliforniaCalifornia Supreme Court · 1942
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Brown v. City of SeattleWashington Supreme Court · 1892
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