City of Kansas ex rel. Enright v. Ratekin
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. The case is stated in tke opinion. I. Tke large stone culvert crossing Bluff street at tke foot of Lincoln street, was a public sewer within tke meaning of article nine, section two, of the amended charter of Kansas City. Tke City of Kansas has no power to construct a culvert, so-called, except by virtue of its power to construct public sewers.
Read the full summary
Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. The case is stated in tke opinion. I. Tke large stone culvert crossing Bluff street at tke foot of Lincoln street, was a public sewer within tke meaning of article nine, section two, of the amended charter of Kansas City. Tke City of Kansas has no power to construct a culvert, so-called, except by virtue of its power to construct public sewers. Charter Kansas City, art. 9. Webster says: “A sewer is adrain or passage to convey off water or filth underground, — a subterrranean canal.” Culvert: “An arched drain for passage of water…
1Opinion of the CourtEllison, J.
This was a suit upon a special tax bill issued by the City of Kansas for constructing a district sewer known as the Bluff street sewer, in sewer district number twenty-nine, under ordinance number 22,662. The work was done and the tax bill issued in proper form.
The defendant answered, setting up among others the following defence: — Third.—That “said district sewer, so built and constructed, according to said ordinance number 22,662, does not ‘and never did connect with any public sewer or district sewer, Or with any natural course of drainage”, and that, therefore, the tax bill and ordinance…
2Cases cited4 opinions
- Kiley v. OppenheimerSupreme Court of Missouri · 1874
- Leach v. CargillSupreme Court of Missouri · 1875
- McShane v. City of MoberlySupreme Court of Missouri · 1883
- City of Kansas ex rel. Frear Stone & Pipe Manufacturing Co. v. SwopeSupreme Court of Missouri · 1883
3Cited by4 opinions
- Gunn v. City of VersaillesMissouri Court of Appeals · 1959
- City of California v. BurkeSupreme Court of Missouri · 1922
- Moore v. HawkMissouri Court of Appeals · 1894
- Rosenberger v. MillerMissouri Court of Appeals · 1895