Hickman v. City of Kansas
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The act of the legislature, approved March 26, 1885, was exclusive. Baker, Aclm’r, v. Railroad, 36 Mo. 543; Railroad'v. Oakes, 20 Ind. 9; State v. Bittinger, 55 Mo. 596; McCormack v. Railroad, 9 Ind. 283; Baird v. Wells, 22 Pick. 312; Lelcmcl v. Wood-bury, 4 Cush. 245; Hull v. Westfield, 133 Mass. 433; Toioer v. Boston, 10 Cush. 235; Stafford v. Ingersoll, 3 Hill, 38; Sedg. on Construe, of Stat. and Const.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The act of the legislature, approved March 26, 1885, was exclusive. Baker, Aclm’r, v. Railroad, 36 Mo. 543; Railroad'v. Oakes, 20 Ind. 9; State v. Bittinger, 55 Mo. 596; McCormack v. Railroad, 9 Ind. 283; Baird v. Wells, 22 Pick. 312; Lelcmcl v. Wood-bury, 4 Cush. 245; Hull v. Westfield, 133 Mass. 433; Toioer v. Boston, 10 Cush. 235; Stafford v. Ingersoll, 3 Hill, 38; Sedg. on Construe, of Stat. and Const. Law [2 Ed.], 76, 341, note a, 343, 344. (2) Instruction number 5, given for the respondent and that numbered 6 given at…
1Opinion of the CourtBbace, J.
This is an action, commenced in the circuit court of Jackson County, for damages to plaintiff’s property occasioned by a change of the grade of Ninth street in said city, in which the plaintiff obtained judgment for $1,000, from which the defendant appealed to the Kansas City court of appeals, and the case was certified here, under the constitutional amendment, as involving the decision of a constitutional question.
Plaintiff’s property, which he claims was damaged by the action of defendant, abuts on Ninth street. Previous to the extension of the city limits in 1885, Ninth street was a county…
2Cases cited39 opinions
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Householder v. City of KansasSupreme Court of Missouri · 1884
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- City of Elgin v. EatonIllinois Supreme Court · 1876
- Thurston v. City of St. JosephSupreme Court of Missouri · 1873
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3Cited by84 opinions
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- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- Swift & Co. v. City of Newport NewsSupreme Court of Virginia · 1906
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