Broadwell v. City of Kansas
Supreme Court of Missouri
Appeal from Lafayette Circuit .Court. — The case was tried before-William Walker, Esq., sitting as Temporary Judge. This was an action against the City of Kansas and John Halpin to recover damages for crushing in and destroying plaintiffs’ house. Halpin was a contractor with the city for the grading of the sidewalks in Fifth street, and plaintiffs owned premises abutting on that street.
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Appeal from Lafayette Circuit .Court. — The case was tried before-William Walker, Esq., sitting as Temporary Judge. This was an action against the City of Kansas and John Halpin to recover damages for crushing in and destroying plaintiffs’ house. Halpin was a contractor with the city for the grading of the sidewalks in Fifth street, and plaintiffs owned premises abutting on that street. The grade of the street, as established by the city ordinance, was about on a level with the top of plaintiffs’ house. In making the fill necessary to bring the sidewalks up to grade large quantities of earth…
1Opinion of the Court
I
Sherwood, C. J.
It may be. conceded at the outset that the city would not have been answerable in this.action if it were bottomed on the mere fact that consequential injuries have resulted to plaintiffs because of the grading of the street by the contractor Ilalpin. The authorities on this point, in this State, as well as elsewhere, are numer*216ous, and many of these cited by counsel. The approved doctrine on this subject is thus succinctly stated by a writer of recognized authority. “ The eoui’ts, by numerous decisions in most of the states, have settled the law that municipal corporations,…
2Cases cited7 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1841
- Arimond v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1872
- Johnson v. JonesSupreme Court of Missouri · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re ForsstromArizona Supreme Court · 1934
- Davoren v. Kansas CitySupreme Court of Missouri · 1925
- Vanderlip v. City of Grand RapidsMichigan Supreme Court · 1889
- White v. Southern Railway Co.Supreme Court of South Carolina · 1927
- Barree v. City of Cape GirardeauSupreme Court of Missouri · 1906
13 more not listed; retrieve them via the Exa API.