Widman Investment Co. v. City of St. Joseph
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Eon. A. M. Woodson, Judge. (1) It is unquestionably true that a city is liable under the Constitution for damages to a property-owner caused by grading a street.
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Appeal from Buchanan Circuit Court. — Eon. A. M. Woodson, Judge. (1) It is unquestionably true that a city is liable under the Constitution for damages to a property-owner caused by grading a street. Smith v. St. Joseph, 122-Mo. 643. It is equally true that where the property-owner is not required to pay the cost of the grading, the measure of damages is the difference between the market value of the property immediately before and immediately after the grading, resulting from the change of grade; and that.the jury, in order to determine the damages, must deduct the special benefits to the…
1Opinion of the CourtMarshall, J.
This is an action for $6,000 damages for change of grade of King Hill avenue, a public highway in the defendant city. There was a verdict and judgment for the defendant, and after proper steps the plaintiff appealed.
The facts in judgment are these:
The plaintiff owns seventeen lots abutting King Hill avenue on the east, and having a frontage of four hundred feet by a depth of one hundred and ten feet. Under ordinance No. 3194, approved September 16th, 1901, the city caused King Hill avenue to be graded to a grade established by the ordinance. Prior to that time the street had never been graded…
2Cases cited5 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- City of Bloomington v. PollockIllinois Supreme Court · 1892
- Smith v. City of St. JosephSupreme Court of Missouri · 1894
- Carroll v. City of MarshallMissouri Court of Appeals · 1903
3Cited by6 opinions
- Kirst v. Clarkson Construction CompanyMissouri Court of Appeals · 1965
- State Ex Rel. State Highway Commission v. GrissomMissouri Court of Appeals · 1969
- Thomson v. Kansas CitySupreme Court of Missouri · 1964
- Vanausdol v. Bank of OdessaMissouri Court of Appeals · 1928
- City of Atlanta v. NelsonSupreme Court of Georgia · 1914
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