Gamble v. Pettijhon
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. G. D. Bgbgess, Judge. (1) The fundamental error committed by the trial court, as shown by the rulings in the admission of evidence, the giving and refusal of instructions and other rulings, consists in the failure to recognize the distinction between a common law and statutory dedication for street purposes, as regards the rights of the abutting owner.
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Appeal from Linn Circuit Court. — Hon. G. D. Bgbgess, Judge. (1) The fundamental error committed by the trial court, as shown by the rulings in the admission of evidence, the giving and refusal of instructions and other rulings, consists in the failure to recognize the distinction between a common law and statutory dedication for street purposes, as regards the rights of the abutting owner. (2) Under our laws, the statutory dedication passes .the fee to the dedicated ground, in trust for the uses named in the plat. General Statutes, 1865, p. 248, secs. 7, 8; 2 Stat. 1879, p. 1288, sec. 6573;…
1Opinion of the CourtBbaoe, J.
This is an action for trespass to certain real estate, of which the plaintiff in his petition alleges he is the owner, situate in the city of Brookfield in Linn county, against the defendants, who are the mayor, aldermen and street commissioner of said city, who, he alleges, entered upon plaintiff’s said ground, and without any authority and against his will tore up, plowed, ditched, guttered, dug up and subverted the soil thereof to his damage.
The substance of the answer is, that Brookfield at the time of the injuries complained of was a city of the fourth class; that the strip of ground…
2Cited by6 opinions
- Walker v. City of SedaliaMissouri Court of Appeals · 1898
- Foremost Insurance Co. v. Public Service CommissionMissouri Court of Appeals · 1998
- Robinson v. City of SpokaneWashington Supreme Court · 1912
- Colston v. City of St. JosephMissouri Court of Appeals · 1904
- Ashurst v. LohoefnerMissouri Court of Appeals · 1913
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