Cartwright v. Liberty Telephone Co.
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The cutting of the branches on trees, located on the public street, by the telephone company, was not a damaging of the private property of plaintiffs for public use within the meaning of article 2, section 21, of our Constitution. When the public acquires a street in a city, either by condemnation, grant or dedication, it may be applied to all purposes consistent with the proper use of a street.
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Transferred from Kansas City Court of Appeals. (1) The cutting of the branches on trees, located on the public street, by the telephone company, was not a damaging of the private property of plaintiffs for public use within the meaning of article 2, section 21, of our Constitution. When the public acquires a street in a city, either by condemnation, grant or dedication, it may be applied to all purposes consistent with the proper use of a street. It is only when a street is subject to a new servitude inconsistent with and subversive of its proper use as a street, that the abutting landowner…
1Opinion of the CourtWoodson, J.
The plaintiffs instituted this suit against the defendant, in the circuit court of Clay county, to recover damages for injuries done their property, caused by cutting and otherwise mutilating ornamental and shade trees, growing along the sidewalk, near the curb line, in front of their dwelling, on one of the public streets of the city of Liberty.
The petition for cause of action alleged, substantially, that the defendant was a corporation, organized and , existing under and by virtue of the laws of the State of Missouri; that on September 10, 1903, and prior thereto the plaintiffs owned and…
2Cases cited13 opinions
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- State v. GreenSupreme Court of Missouri · 1877
- Belcher Sugar Refining Co. v. St. Louis Grain Elevator Co.Supreme Court of Missouri · 1884
- Ferrenbach v. TurnerSupreme Court of Missouri · 1885
- City of St. Louis v. St. Louis Theatre Co.Supreme Court of Missouri · 1907
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3Cited by18 opinions
- Maresca v. United StatesCourt of Appeals for the Second Circuit · 1921
- Harris v. L. P. & H. Construction Co.Missouri Court of Appeals · 1969
- Jones v. City of ClarksburgWest Virginia Supreme Court · 1919
- State ex rel. Wagner v. PattersonSupreme Court of Missouri · 1907
- Bullock v. Peoples Bank of HolcombSupreme Court of Missouri · 1943
13 more not listed; retrieve them via the Exa API.