Legal Opinion

Chouteau v. City of St. Louis

Missouri Court of Appeals

Decided November 18, 1879PublishedCited by 3 opinions

Appeal from the St. Louis Circuit Court. Damages extend to the property improved, as well as to the improvements. —Dalzellsr.

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Appeal from the St. Louis Circuit Court. Damages extend to the property improved, as well as to the improvements. —Dalzellsr. Davenport, 12 Iowa, 437. The damage for which the plaintiff is entitled to recover is such as is the natural and proximate consequence of the defendant’s act. —White v. Moseley, 8 Pick. 356 ; Bennett v. Lockwood, 20 Wend. 223. It is proper to arrive at the amount of damage by inquiring as to the value of the property before and after the injury. — Streett v. Laumier, 34 Mo. 469 ; JEvans v. Blliott, 20 Ind. 283.

1Opinion of the CourtBakewell, J.

This is an action to recover damages sustained by plain*49tiff as owner of a lot of ground and the improvements thereon, occasioned, as it is said, by the construction of a bridge on Twelfth Street, St. Louis, which raises the road-bed of the street so as to change the principal current of travel and transportation.

The facts as to the change of grade are undisputed, and are similar to those set forth in the opinion of this court in Stickford v. St. Louis, 7 Mo. App. 217. Under the ruling in that case, there can be no doubt that the city is liable for any actual damage suffered by plaintiff from…

2Cases cited3 opinions

  1. Finney v. BerrySupreme Court of Missouri · 1875
  2. St. Louis, Vandalia & Terre Haute Railroad v. CappsIllinois Supreme Court · 1873
  3. Stickford v. City of St. LouisMissouri Court of Appeals · 1879

3Cited by3 opinions

  1. Town of Galax v. WaughSupreme Court of Virginia · 1925
  2. Autenrieth v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1889
  3. Williams v. Missouri Furnace Co.Missouri Court of Appeals · 1882

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