Whyte v. City of Kansas
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon F. M. Black, Judge. Statement of case by the court. The respondent was the owner of a lot fronting thirty-one feet on Main street, City of Kansas, having a depth of one hundred and thirty-one feet.
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Appeal from Jackson Circuit Court, Hon F. M. Black, Judge. Statement of case by the court. The respondent was the owner of a lot fronting thirty-one feet on Main street, City of Kansas, having a depth of one hundred and thirty-one feet. By an ordinance of the appellant city, approved August 1, 1884, entitled, “An ordinance to widen Main street from Twelfth street to a point fifty-five feet north of Tenth street,” a strip of four feet off the front of the respondent’s lot was included in the description of the property to be taken for street purposes. The first day of April, preceding, the…
1Opinion of the CourtEllison, J.
The law is against .plaintiff’s ease, for the reason that the facts are against Mm. if the city had *414■done any of the acts charged against it, I agree it would 1 be liable. If it had inflicted irreparable and permanent injury, or converted the property to the public use, an action would accrue to plaintiff, especially under our constitution,'which has added the words “or damaged,” to the clause forbidding the taking of private property for public use without compensation. The authorities cited by plaintiff unquestionably sustained his position. The word “taking” should be liberally construed.…
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- Kiebler v. HolmesMissouri Court of Appeals · 1894
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