City of St. Louis v. Buss
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. S. P. Spencer, Judge. (1) All of the evidence in the case-conclusively establishes: (a) That the value of the land taken, belonging to this exceptor, and the damages by reason of the taking, were far greater than the amount allowed by the commissioners; (b) that none of this exceptor’s land was benefited by the opening of Euclid avenue.
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Appeal from St. Louis City Circuit Court. — Hon. S. P. Spencer, Judge. (1) All of the evidence in the case-conclusively establishes: (a) That the value of the land taken, belonging to this exceptor, and the damages by reason of the taking, were far greater than the amount allowed by the commissioners; (b) that none of this exceptor’s land was benefited by the opening of Euclid avenue. (2) It was an error to modify the report of the commissioners and base a judgment of condemnation upon the modified report. Constitution, art. 2, sec. 21; Charter of St. Louis, art 6, sec. 7; Rochester Water…
1Opinion of the Court
BRACE, P. J.-
This is an appeal by the Hill-O’Meara Construction Company from a judgment of the St. Louis City Circuit Court, modifying and approving the report of the commissioners in a condemnation proceeding in said court, under article 6 of the charter of said city, by section 7 of which it is provided that the report of the commissioners “may be reviewed in the circuit court on written exceptions filed by either party in the clerk’s office within ten days after the filing of such report, and the court shall make such order therein as right and justice may require, and may order a new…
2Cases cited1 opinion
- Mississippi River Bridge Co. v. RingSupreme Court of Missouri · 1874
3Cited by13 opinions
- City of St. Louis v. RossiSupreme Court of Missouri · 1933
- City of St. Louis v. Gerhart Realty Co.Supreme Court of Missouri · 1931
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1935
- Little Tarkio Drainage District No. One v. RichardsonSupreme Court of Missouri · 1911
- Wabash Ry. Co. v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1933
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