Justice v. Town of Lancaster
Missouri Court of Appeals
Appeal from Schuyler Circuit Court, Hon. Andrew Ellison, Judge. The case is stated iu the opinion. I. The demurrer should have been sustained. This case falls within the provisions of art. II., sect. 21, constitution of Mo. (1875). The party injured may resort to any common law action, which will afford him adequate and appropriate means of redress. Householder ». Kansas City, 83 Mo. 488. II.
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Appeal from Schuyler Circuit Court, Hon. Andrew Ellison, Judge. The case is stated iu the opinion. I. The demurrer should have been sustained. This case falls within the provisions of art. II., sect. 21, constitution of Mo. (1875). The party injured may resort to any common law action, which will afford him adequate and appropriate means of redress. Householder ». Kansas City, 83 Mo. 488. II. The count demurred to alleges “that the grade lines of the street had never been established by ordinance.” This is immaterial. Harman 'o. Omaha, 21 Cent. L. J. 129. III. Where embankments are made above…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages against the defendant, a municipal corporation, for *561injury done to plaintiff ’s adjoining property by raising the grade of the street. The petition charges that the work was done by defendant’s permission and direction.
The answer, after tendering the general issue, alleged that a certain railroad, under charters ante-dating the adoption of the state constitution of 1875, had built its road through the defendant town, and having a right so to do, where it intersected the street in question, it made a cut of fifteen feet deep, thus necessitating the making…
2Cases cited1 opinion
- Kansas City, St. Louis & Chicago Railroad v. FarrellSupreme Court of Missouri · 1882
3Cited by6 opinions
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Preston v. City of Cedar RapidsSupreme Court of Iowa · 1895
- Monroe v. HerringtonMissouri Court of Appeals · 1905
- Interstate Railway Co. v. Missouri River & Cameron RailroadSupreme Court of Missouri · 1913
- Hammett v. BarnumMissouri Court of Appeals · 1888
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