Legal Opinion

Powell v. City of Excelsior Springs

Missouri Court of Appeals

Decided May 3, 1909PublishedCited by 1 opinion

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.

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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

  1. Knapp, Stout & Co. v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1894
  2. Schulenburg & Boeckeler Lumber Co. v. St. Louis, Keokuk & Northwestern RailroadSupreme Court of Missouri · 1895
  3. Koeppen v. City of SedaliaMissouri Court of Appeals · 1901
  4. Kroffe v. City of SpringfieldMissouri Court of Appeals · 1901

3Cited by1 opinion

  1. City of Jackson Ex Rel. Cape County Savings Bank v. HouckMissouri Court of Appeals · 1931

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