Fuess v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Bow. Edw. P. Gates, Judge. (1) The trial court tried the case on a wrong theory. The theory of the trial court was that the defendant, for the purpose of reducing the damages suffered by plaintiff, had a right to prove the general benefits to property in general from this class of public improvements.
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Appeal from Jackson Circuit Court. — Bow. Edw. P. Gates, Judge. (1) The trial court tried the case on a wrong theory. The theory of the trial court was that the defendant, for the purpose of reducing the damages suffered by plaintiff, had a right to prove the general benefits to property in general from this class of public improvements. If anything may be considered as established law in this State, it is that in reducing damages in cases like this, only those benefits which are peculiar and special to the property in question and not common or general to properties generally, can be…
1Opinion of the CourtBurgess, P. J.
This is an action for $5,000 damages, alleged to have been sustained by plaintiff by reason of the wrongful acts of defendants in raising the grade of Highland avenue in front of lots 3, 4, 5, 6, 7 and 8 in Weston’s Addition to Kansas City, of which lots plaintiff was the owner. The trial resulted in a verdict and judgment for defendants, from which plaintiff appeals.
The case was tried upon the theory that if the market value of the lots was depreciated and lessened by the fill, the plaintiff was entitled to recover, by way of damages, the difference between the value of the lots prior to the…
2Cases cited17 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Walker v. OwenSupreme Court of Missouri · 1883
- Tomlinson v. EllisonSupreme Court of Missouri · 1891
- Wyandotte, Kansas City & Northwestern Railway Co. v. WaldoSupreme Court of Missouri · 1879
- Hart v. LeeteSupreme Court of Missouri · 1891
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