Gardner v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — No». A. M. Woodson, Judge. (1) The court erred in admitting in evidence, over the objections of the defendant, ordinance No. 2998 and the contract for the' grading of Colorado avenue. Neither the ordinance nor contract was relevant to the issues made by the pleadings. The rule, too well known to need the. citation of authorities, is: The evidence must correspond with the allegations of the petition, and be confined to the point at issue.
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Appeal from Buchanan Circuit Court. — No». A. M. Woodson, Judge. (1) The court erred in admitting in evidence, over the objections of the defendant, ordinance No. 2998 and the contract for the' grading of Colorado avenue. Neither the ordinance nor contract was relevant to the issues made by the pleadings. The rule, too well known to need the. citation of authorities, is: The evidence must correspond with the allegations of the petition, and be confined to the point at issue. (2) Refused instruction B aserts a well-understood rule of law, i. e., that an individual can not recover for a public…
1Opinion of the CourtSmith, P. J.
It is alleged in the plaintiff’s petition that he was the owner in fee simple of lots 1, 2, 3 and 4, in block 5 of Clark’s addition to the city of' St. Joseph — the defendant — and that said lots abut Colorado avenue on the south side' thereof and Barbara street on the west. It was, however, conceded at the trial that the plaintiff did not own lots 3 and 4. The petition further alleged that the defendant under a certain ordinance caused Colorado avenue and the approaches thereto to be graded “so as to cause a cut of about twelve feet in depth at the northwest corner of .plaintiff’s lots to…
2Cases cited9 opinions
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Rowland v. City of GallatinSupreme Court of Missouri · 1881
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3Cited by4 opinions
- Kansas City v. BrownSupreme Court of Missouri · 1920
- Rutherford v. City of WilliamsonWest Virginia Supreme Court · 1912
- Burde v. City of St. JosephMissouri Court of Appeals · 1908
- Bersani Building, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1964