Fairchild v. City of St. Louis
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. W. H. Horner, Judge. The plaintiffs in this case were not entitled to recover. The damages suffered by them from the obstruction of West Jefferson avenue were not peculiar to the plaintiffs, nor did they differ in kind from those sustained by other members of the community, and the obstruction complained of was located at a point three hundred and fifty feet north of plaintiffs’ property.
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Appeal from, St. Louis City Circuit Court. — Hon. W. H. Horner, Judge. The plaintiffs in this case were not entitled to recover. The damages suffered by them from the obstruction of West Jefferson avenue were not peculiar to the plaintiffs, nor did they differ in kind from those sustained by other members of the community, and the obstruction complained of was located at a point three hundred and fifty feet north of plaintiffs’ property. Rude v. St. Louis, 93 Mo. 408. This case differs from Rude v. St. Louis, 93 Mo. 408, in this, (a) Defendant has here pleaded neither justification nor…
1Opinion of the CourtBrace, J.
The plaintiffs own, and for many years have owned, a lot in St. Louis, on Jefferson avenue, upon which they have two dwelling-houses fronting on said street. Three hundred and fifty feet north of their property the tracks of the Missouri Pacific and the Wabash, St. Louis & Pacific Railway Companies cross said street (which runs north and south) in an east and west direction. These tracks were at' the grade of the street and were put down by authority of law. The city built a viaduct or bridge over the tracks at a street recently opened called East Jefferson avenue, also running in a general…
2Cases cited1 opinion
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
3Cited by25 opinions
- State Ex Rel. State Highway Commission v. MeierSupreme Court of Missouri · 1965
- Glasgow v. St. LouisSupreme Court of Missouri · 1891
- Van DeVere v. Kansas CitySupreme Court of Missouri · 1891
- Clemens v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1904
- Knapp, Stout & Co. v. St. LouisSupreme Court of Missouri · 1900
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