Powell v. City of Excelsior Springs
Missouri Court of Appeals
Appeal from Olay Circuit Oourt. — Hon. Francis H. Trimble} Judge. The city of Excelsior Springs has the right to establish any grades on its streets it sees fit; it is a- legislative and not a judicial question. The courts have no right to interfere because the grade is inconvenient or improper —at least unless the grade is so unreasonable as to raise a presumption of fraud. Ely v. St. Louis, 181 Mo. 730, and cases cited; Thompson & Son v. Macon City, 106 Mo.
Read the full summary
Appeal from Olay Circuit Oourt. — Hon. Francis H. Trimble} Judge. The city of Excelsior Springs has the right to establish any grades on its streets it sees fit; it is a- legislative and not a judicial question. The courts have no right to interfere because the grade is inconvenient or improper —at least unless the grade is so unreasonable as to raise a presumption of fraud. Ely v. St. Louis, 181 Mo. 730, and cases cited; Thompson & Son v. Macon City, 106 Mo. App. 84. .Plaintiff is harred by laches from recovering in this case. Loomis v. Railway, 65 Mo. 469; St. Louis v. Kennett, 101 Mo. App.…
1Opinion of the CourtBroaddus, P. J.
— The plaintiff complains of the action of the defendants in obstructing certain streets in the defendant city.
The main facts are thus: The plaintiff is the owner of lot No. 1 and twenty feet off the east side of lot No. 2 in block No. 1 of the city of Excelsior Springs. The defendants, Fannie L. and James R. Holman, are the owners of lots No. 1 and 2 in block 14 in said city. Plaintiff's lot fronts and abuts on the north for a distance of sixty feet on Bluff street, which runs east and west, and on the east abuts for a distance of seventy feet on Elizabeth street, which runs north and south…
Also in this document: Per curiam.
2Cases cited4 opinions
- Knapp, Stout & Co. v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1894
- Schulenburg & Boeckeler Lumber Co. v. St. Louis, Keokuk & Northwestern RailroadSupreme Court of Missouri · 1895
- Koeppen v. City of SedaliaMissouri Court of Appeals · 1901
- Kroffe v. City of SpringfieldMissouri Court of Appeals · 1901
3Cited by1 opinion
- City of Jackson Ex Rel. Cape County Savings Bank v. HouckMissouri Court of Appeals · 1931