Heinrich v. City of St. Louis
Supreme Court of Missouri
Appeal from and Error 'to St. Louis City Circuit Court. Hon. Daniel Dillon, Judge.. (1) The circuit court erred in refusing to give defendant’s instruction for a nonsuit. The charter of the city of St. Louis, paragraph 2, section 26, article 3, gives the mayor and assembly power, by ordinance, “to establish, open, vacate * * * all streets, sidewalks, alleys,” etc.
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Appeal from and Error 'to St. Louis City Circuit Court. Hon. Daniel Dillon, Judge.. (1) The circuit court erred in refusing to give defendant’s instruction for a nonsuit. The charter of the city of St. Louis, paragraph 2, section 26, article 3, gives the mayor and assembly power, by ordinance, “to establish, open, vacate * * * all streets, sidewalks, alleys,” etc. Whether a street should be kept open or •vacated is purely a matter of expediency, and is a question for the municipal assembly to decide. Having the power to vacate streets, it is for the municipal assembly to say whether the…
1Opinion of the CourtBlack, P. J.
The plaintiff is the owner of a parcel of land in the city of St. Louis, two hundred feet in length from north to south, and fifty-three feet wide, measuring at right angles to the side lines. The north end fronts on what was formerly Olive street. That street ran in a southeast and northwest direction, so that the lot had a front- of sixty feet, measuring along the south line of Olive street. The south end of the lot does not front on any street. The west side line extends along the east line of Taylor avenue. There is also an alley running east and west across the lot.
In March, 1890, the…
2Cited by28 opinions
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- Marietta Chair Co. v. HendersonSupreme Court of Georgia · 1904
- State Highway Board v. BaxterSupreme Court of Georgia · 1928
- Bigelow v. BallerinoCalifornia Supreme Court · 1896
- Borghart v. City of Cedar RapidsSupreme Court of Iowa · 1905
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