Burde v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. Eenry M. Barney, Judge. (1) Premises abut upon a street, road, or other premises where no other street, road, or land intervenes. 1 Am. and Eng. Ency.
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Appeal from Buchanan Circuit Court. — Eon. Eenry M. Barney, Judge. (1) Premises abut upon a street, road, or other premises where no other street, road, or land intervenes. 1 Am. and Eng. Ency. Law, page 222; Holt v. City Council, 127 Mass. 408. “Doubtless it is true that the words bounding and abutting have no such inflexible meaning as to require the lots assessed or injured to touch the improvement, though the usual meaning of the words is that the things spoken of do actually adjoin.” 1 Am. and Eng. Ency. Law, 222; Cohen v. Cleveland, 43 Ohio St. 196; Laurence v. Killam, 11 Kan. 511;…
1Opinion of the CourtJohnson, J.
Plaintiff sued the city of St. Joseph for damages caused by the-grading of LaFayette street in front of his property. He alleged, and the fact is conceded by defendant, “that said grading was done by defendant city in violation of section twenty-one of article two of the Constitution of the State of Missouri, and without first haying ascertained or paid *455or tendered to plaintiff bis damages by reason of said grading.”
It appears that plaintiff is tbe owner of lots five and six in Block 79, Patees Sixth Addition to St. Joseph ; that each lot is forty-five feet by one hundred and forty feet and…
2Cases cited9 opinions
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- State ex rel. Walker v. DobsonSupreme Court of Missouri · 1896
- Currie v. Waverly & New York Bay RailroadSupreme Court of New Jersey · 1890
- Sharpe v. United StatesCourt of Appeals for the Third Circuit · 1902
- City of Lawrence v. KillamSupreme Court of Kansas · 1873
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3Cited by4 opinions
- Kansas City v. BrownSupreme Court of Missouri · 1920
- Gaines v. City of CalhounCourt of Appeals of Georgia · 1930
- Lehmann v. RevellIllinois Supreme Court · 1933
- Drake v. City of BosworthMissouri Court of Appeals · 1910