Wright v. City of Doniphan
Supreme Court of Missouri
Appeal from Ripley Circuit Court. — Eon. J. L. Fort, Judge. (1) The court erred in giving instruction 2 for plaintiff. The,evidence shows that plaintiff built his hotel on a part of the twenty foot strip in dispute in the year 1883, while this street was a public road, and that defendant city was incorporated in the year 1886, and the city could not be estopped because it had not seen fit to order the hotel removed, and the street graded down, as it was doing at the…
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Appeal from Ripley Circuit Court. — Eon. J. L. Fort, Judge. (1) The court erred in giving instruction 2 for plaintiff. The,evidence shows that plaintiff built his hotel on a part of the twenty foot strip in dispute in the year 1883, while this street was a public road, and that defendant city was incorporated in the year 1886, and the city could not be estopped because it had not seen fit to order the hotel removed, and the street graded down, as it was doing at the beginning of this suit. 2 Dillon on Municipal Corp. (3. Ed.), sec. 686; St. Louis v. Railroad, 114 Mo. 24; Brown v. Carthage,…
1Opinion of the CourtGantt, J.
— The controversy in this case is between the city of Doniphan and the plaintiff, who claims a strip of land which the city insists is a part of one of its public streets.
The questions which must be answered are three:
Eirst, was the strip in question ever a portion of a public state'road?
*606Second, was that road ever lawfully reduced, from a width of sixty feet to one of forty feet?
Third, notwithstanding it shall appear that this strip was at one time included in the Pilot Knob and Doniphan state' road, and notwithstanding said road has never been reduced in width by any act of the Legislature,…
2Cases cited3 opinions
- City of St. Louis v. GormanSupreme Court of Missouri · 1860
- City of St. Louis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Williams v. City of St. LouisSupreme Court of Missouri · 1894
3Cited by9 opinions
- Folk v. City of St. LouisSupreme Court of Missouri · 1913
- State ex inf. Jones v. Light & Development Co.Supreme Court of Missouri · 1912
- Town of Bristol v. PalmerSupreme Court of Vermont · 1909
- Van Kampen v. KauffmanMissouri Court of Appeals · 1985
- Strange v. City of St. JosephMissouri Court of Appeals · 1905
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