Kroffe v. City of Springfield
Missouri Court of Appeals
Appeal from the Dade Circuit Court. — Hon. H. 0. Timmonds, Judge. (1) Cities of tbe third class have power to grade streets by enacting ordinances for such purposes. R. S. 1899, see. 5858. (2) There was no ordinance enacted by appellant city authorizing or directing the grading of Washington avenue. Therefore the demurrer to respondent’s evidence should have been sustained. Rives v. City of Columbia, 80 Mo. App. 173; Kolkmeyer & Co. v. City of Jefferson, 75 Mo.
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Appeal from the Dade Circuit Court. — Hon. H. 0. Timmonds, Judge. (1) Cities of tbe third class have power to grade streets by enacting ordinances for such purposes. R. S. 1899, see. 5858. (2) There was no ordinance enacted by appellant city authorizing or directing the grading of Washington avenue. Therefore the demurrer to respondent’s evidence should have been sustained. Rives v. City of Columbia, 80 Mo. App. 173; Kolkmeyer & Co. v. City of Jefferson, 75 Mo. App. 678; Wheeler v. City of Poplar Bluff, 149 Mo. 36; Maudlin v. City of Trenton, 67 Mo. App. 452; Beatty v. City St Joseph, 57 Mo.…
1Opinion of the CourtBeoaddus, J.
This suit was brought in the county of Greene but was taken to Dade county on change of venue. It was tried at the November term of said court for the year 1899, and judgment rendered for plaintiff for $215, from which judgment the defendant appealed.
The plaintiff’s allegations as to his right to recover are: “That the defendant city by its ordinances, number 1949 entitled ‘An ordinance to establish the grade of Washington avenue from Chase street to High street,’ approved August 22, 1894, and number 2262 entitled ‘An ordinance establishing the grade of center line of Washington avenue from…
2Cases cited11 opinions
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Dooley v. City of KansasSupreme Court of Missouri · 1884
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3Cited by5 opinions
- Bigelow v. City of SpringfieldMissouri Court of Appeals · 1914
- McQuarter v. City of St. JosephMissouri Court of Appeals · 1908
- Heidorn v. City of KirkwoodMissouri Court of Appeals · 1912
- Powell v. City of Excelsior SpringsMissouri Court of Appeals · 1909
- Ketchum v. City of MonettMissouri Court of Appeals · 1920