Drake v. City of Bosworth
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Eon. Jolm P. Butler, Judge. (1) Defendant should haye been permitted to show that lots 16, 17 and 18 in block 17, which abutted 140 feet on Snow street and were contiguous to lots 19 •and 20, were peculiarly benefited by the construction of the ditch in front of all of said lots along Snow street, and to have such benefits deducted from any damages the jury might find resulted to lots 19 and 20 in said block on account of said ditch; and…
Read the full summary
Appeal from Carroll Circuit Court. — Eon. Jolm P. Butler, Judge. (1) Defendant should haye been permitted to show that lots 16, 17 and 18 in block 17, which abutted 140 feet on Snow street and were contiguous to lots 19 •and 20, were peculiarly benefited by the construction of the ditch in front of all of said lots along Snow street, and to have such benefits deducted from any damages the jury might find resulted to lots 19 and 20 in said block on account of said ditch; and to show that all of plaintiff’s said property as a whole in said block was benefited by said ditch; and the court erred…
1Opinion of the CourtEllison, J.
Plaintiff was the owner of certain real property in the city of Bosworth: He brought this action to recover damages he alleges he has sustained by reason of the city having- constructed a drain or ditch in the street along the front of a part of his property. He prevailed in the trial court.
It appears that plaintiff’s property was lots 19 and 20 in block 17 and lots 16, 17 and 18 in the same block. Lots 19 and 20 were south of the other lots and separated from them by an alley which ran east and west through the block, and they faced, or abutted, the narrow way, east, on SnoAV street, running…
2Cases cited4 opinions
- St. Louis, Memphis & Southeastern Railroad v. AubuchonSupreme Court of Missouri · 1906
- Union Elevator Co. v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1896
- Kansas City Suburban Belt Railroad v. NorcrossSupreme Court of Missouri · 1897
- Burde v. City of St. JosephMissouri Court of Appeals · 1908
3Cited by2 opinions
- Gaines v. City of CalhounCourt of Appeals of Georgia · 1930
- Newberry v. City of St. LouisMissouri Court of Appeals · 1937