Koeppen v. City of Sedalia
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Eon. Samuel Davis, Judge. (1) The court should have sustained the defendant’s demurrer to plaintiff’s petition, and failing in this, should have sustained its objection to the introduction of any evidence. The petition wholly fails to state any facts that constituted a ground of recovery against the defendant.
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Appeal from Pettis Circuit Court. — Eon. Samuel Davis, Judge. (1) The court should have sustained the defendant’s demurrer to plaintiff’s petition, and failing in this, should have sustained its objection to the introduction of any evidence. The petition wholly fails to state any facts that constituted a ground of recovery against the defendant. It does not allege that the work which is charged to have caused the damage was authorized by ordinance, resolution or otherwise in a manner to bind the defendant. The defendant’s charter expressly provides that the identical work, or improvement,…
1Opinion of the CourtSmith, P. J.
The plaintiff was the owner of certain lots on Moniteau street in the defendant, a city of the third class, on which was situate his residence and greenhouse, in the latter of which were many rare and valuable shrubs and plants. In the said street in front of the plaintiff’s lots there was a low place or natural channel through and along which the water, falling north and east for some distance, passed on its way to a point where it was discharged into a larger stream. In 1896, the street commissioner, under the direction of the defendant’s city council, graded said street in front of…
2Cases cited12 opinions
- 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
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
- Keating v. City of KansasSupreme Court of Missouri · 1884
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3Cited by7 opinions
- Lotspeich v. Mayor of MorristownTennessee Supreme Court · 1918
- Bigelow v. City of SpringfieldMissouri Court of Appeals · 1914
- Gleason v. City of KirksvilleMissouri Court of Appeals · 1909
- McQuarter v. City of St. JosephMissouri Court of Appeals · 1908
- Clay v. City of MexicoMissouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.