Legal Opinion

Schrodt v. City of St. Joseph

Missouri Court of Appeals

Decided November 28, 1904PublishedCited by 3 opinions

Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained. Plaintiff showed no title to the property claimed to be damaged. (2) The court erred in permitting witnesses to testify as experts as to the market value of the property, when it was shown they had no experience in buying and selling real estate. Turner v. Hoar, 114 Mo. 335; G-oins v. Railroad, 47 Mo.

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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained. Plaintiff showed no title to the property claimed to be damaged. (2) The court erred in permitting witnesses to testify as experts as to the market value of the property, when it was shown they had no experience in buying and selling real estate. Turner v. Hoar, 114 Mo. 335; G-oins v. Railroad, 47 Mo. App. 173; Thompson v. Ish, 99 Mo. 160. (3) The court erred in allowing witness Crabb to testify to the expense of raising plaintiff’s bam when he had not…

1Opinion of the CourtBroaddus, J.

The plaintiff’s action is for damages to lot fifteen, block four in Horn Heights addition to the city of St. Joseph caused by the action of defendant in grading Fifteenth street fronting said lot. The specific cause for the alleged damages was the act of defendant in raising the surface of said street about eighteen inches, in consequence of which plaintiff’s lot was left below said surface a corresponding depth; that as a result of said grading the lot was depreciated in value; and that in order to conform to the grade so established it became necessary to raise plaintiff’s house situated on…

2Cases cited3 opinions

  1. Watts v. LoomisSupreme Court of Missouri · 1883
  2. Kansas City v. DawleyMissouri Court of Appeals · 1892
  3. Barbarick v. AndersonMissouri Court of Appeals · 1891

3Cited by3 opinions

  1. Grubb Ex Rel. Grubb v. Kansas City Railways Co.Missouri Court of Appeals · 1921
  2. State Ex Rel. City of St. Louis v. Public Service CommissionSupreme Court of Missouri · 1937
  3. Rankin v. ParkerCourt of Appeals of Texas · 1928

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