Gehling v. City of St. Joseph
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court — Hon. Heney ' M. Ramey, Judge. If the paving of Frederick avenne was authorized by ordinance of the city it is liable for damages resulting to plaintiff from the carelessness, negligence or unskilfulness of its agents in performing the work so authorized. Elliott on Eoads & Streets, 352; Wegman v. City of Jefferson, 61 Mo. 55; 1 Shearman & Eedfield on Negligence, sec. 271; Gibson v.. Zimmerman, 27 Mo.
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Appeal from the Buchanan Circuit Court — Hon. Heney ' M. Ramey, Judge. If the paving of Frederick avenne was authorized by ordinance of the city it is liable for damages resulting to plaintiff from the carelessness, negligence or unskilfulness of its agents in performing the work so authorized. Elliott on Eoads & Streets, 352; Wegman v. City of Jefferson, 61 Mo. 55; 1 Shearman & Eedfield on Negligence, sec. 271; Gibson v.. Zimmerman, 27 Mo. App. 90; 2 Dillon on Municipal Corporations [4 Ed.] secs. 990, 991; City of Akron v. Chamberlain Co., 34 Ohio St. 328; City of Cincinnati v. Penny, 21…
1Opinion of the CourtGill, J.
The substance of plaintiff’s petition is that' on and prior to March 1, 1887, he owned certain lots and houses on Frederick avenue, St. Joseph; that said houses were built to conform to the established grade of said street; but that at about said date the defendant city “by its careless, negligent and unskilful manner of executing the work of paving said street in front of said lots on said avenue, to-wit, raised the roadway thereof at said point three feet and raised the roadway of the same up above the doorway of said houses,” etc., thereby rendering said property less valuable and damaging…
2Cases cited4 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
- Werth v. City of SpringfieldMissouri Court of Appeals · 1886
3Cited by6 opinions
- Bigelow v. City of SpringfieldMissouri Court of Appeals · 1914
- City of Unionville v. MartinMissouri Court of Appeals · 1902
- Beatty v. City of St. JosephMissouri Court of Appeals · 1894
- Graden v. City of ParkvilleMissouri Court of Appeals · 1905
- Stuebner v. City of St. JosephMissouri Court of Appeals · 1899
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