Brick & Terra Cotta Co. v. Hull
Missouri Court of Appeals
Appeal from the Buchanan Circuit Cdwrt. — Hon. Henby M. Ramey, Judge. (1) The court below should have directed a verdict for appellant. By section 1270 of the Revised Statutes of 1889, and under section 2 of special ordinance number 599 of the city of St. Joseph, it was the duty of the street-car company to pay for that portion of the street improvement between the tracks and eighteen inches on either outside.
Read the full summary
Appeal from the Buchanan Circuit Cdwrt. — Hon. Henby M. Ramey, Judge. (1) The court below should have directed a verdict for appellant. By section 1270 of the Revised Statutes of 1889, and under section 2 of special ordinance number 599 of the city of St. Joseph, it was the duty of the street-car company to pay for that portion of the street improvement between the tracks and eighteen inches on either outside. Farrar v. St. Louis, 80 Mo. 393. (2) Further we desire to add, as a reason why the trial court should have directed a verdict for appellant, these facts, as shown by the evidence : The…
1Opinion of the Court
Smith, P J.
This was a suit instituted to enforce the lien of a special tax bill issued by the city of St. Joseph under the powers conferred by the statutes upon cities of the second class, of which it was one. The property-owners on, Francis street, among whom was defendant, petitioned the city council to have a part of said street ■ paved with brick. At the time the *438petition was signed and presented, that portion of the street sought to be paved had a street railway track laid down thereon. The city had, by an ordinance, passed in conformity to its charter, section 1270, Revised Statutes,…
2Cases cited2 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Sheehan v. OwenSupreme Court of Missouri · 1884
3Cited by3 opinions
- Schreck v. ParkerMissouri Court of Appeals · 1965
- Hill-O'Meara Construction Co. v. HutchinsonMissouri Court of Appeals · 1903
- City of Buffalo v. International Railway Co.New York Supreme Court · 1930