Kansas City v. Woerishoeffer
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) Ordinance 8316 of Kansas City, which is tlie foundation of this proceeding, is void, because it attempts to substitute the judgment- of the common council for that of the jury as to property values, damages and benefits, and offers to the jury an inducement to return a verdict for less than the value of the property taken and damaged.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) Ordinance 8316 of Kansas City, which is tlie foundation of this proceeding, is void, because it attempts to substitute the judgment- of the common council for that of the jury as to property values, damages and benefits, and offers to the jury an inducement to return a verdict for less than the value of the property taken and damaged. Such an ordinance deprives appellants of their right to a jury trial, as heretofore enjoyed, and guaranteed by the Constitution. (2) Ordinance 8316 is void for uncertainty and…
1Opinion of the CourtLamm, C. J.
These are appeals by lot-owners from the assessment of damages and benefits in a street improvement, known as the Twelth Street Trafficway. Three appeals came up and bore our serial docket numbers 16927, 17036, 17042. In the first Anna Woerishoeffer and another, in the second the Metropolitan Street Railway Company and three others, in the third C. II. Carson and Elizabeth Strope, are appellants. The proceeding involved a great many individuals, corporations and tracts of land in Kansas City, but there was one verdict and one judgment in the Jackson Circuit Court. So, the suit, though of…
2Cases cited17 opinions
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Kansas City v. BaconSupreme Court of Missouri · 1898
- Willis v. Winona CitySupreme Court of Minnesota · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Pirtle v. CookSupreme Court of Missouri · 1997
- Hendershot v. MinichSupreme Court of Missouri · 1956
- Mills v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1920
- Robinson v. RobinsonSupreme Court of Missouri · 1916
- Hagemann v. PinskaMissouri Court of Appeals · 1931
16 more not listed; retrieve them via the Exa API.