Vaile v. City of Independence
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The form of the action used in this case was not objected to by defendant and is expressly authorized by section 1821 of Revised Statutes. (2) The plaintiffs were not estopped from claiming damages done to their property on Liberty street because they did the grading in front of their lot; they were required to do it by ordinance or it would be done by the city at their expense.
Read the full summary
Error to Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The form of the action used in this case was not objected to by defendant and is expressly authorized by section 1821 of Revised Statutes. (2) The plaintiffs were not estopped from claiming damages done to their property on Liberty street because they did the grading in front of their lot; they were required to do it by ordinance or it would be done by the city at their expense. Pearce v. Mihvaukee, 18 Wis. 428; PLerzer v. Milwaukee, 39 Wis. 360. (3) The signing of the petition for the establishment of a grade or for the change of…
1Opinion of the CourtSherwood, J.
Action for damages against the defendant city; petition in two counts. The first charged that the plaintiffs were the owners of a certain lot in the city, fronting on Liberty street; that they had erected thereon a large brick store-room, with the basement corresponding with the grade of the street as it had for a long time existed; that the city afterwards by certain ordinances, without consent of plaintiffs, changed and caused to be. changed the grade of the street in front of their lot and building, thereby lowering the grade some two feet, etc., to plaintiff’s damage in the sum of $2,500.…
2Cases cited3 opinions
- Rowland v. City of GallatinSupreme Court of Missouri · 1881
- Worley v. Inhabitants of ColumbiaSupreme Court of Missouri · 1885
- Cross v. City of KansasSupreme Court of Missouri · 1886
3Cited by7 opinions
- Robinson v. Mayor of VicksburgMississippi Supreme Court · 1911
- Schulte v. CurreyMissouri Court of Appeals · 1913
- City of Meridian v. HudsonMississippi Supreme Court · 1916
- Hill-O'Meara Construction Co. v. HutchinsonMissouri Court of Appeals · 1903
- Taylor v. City of JacksonMissouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.