Clay v. City of Mexico
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Elliott M. :Hughes, Judge. STATEMENT OF THE CASE. Plaintiff is a resident of tbe city of Mexico, Audrain ■county, Missouri. The premises he owns and npon which he resides, fronts seven hundred feet on Clark avenne in said eitv. Plaintiff bas three driveways on his premises with approaches from the avenue into his property, and a tile drainage from his residence to the street from thence under a culvert across the street.
Read the full summary
Appeal from Audrain Circuit Court. — Hon. Elliott M. :Hughes, Judge. STATEMENT OF THE CASE. Plaintiff is a resident of tbe city of Mexico, Audrain ■county, Missouri. The premises he owns and npon which he resides, fronts seven hundred feet on Clark avenne in said eitv. Plaintiff bas three driveways on his premises with approaches from the avenue into his property, and a tile drainage from his residence to the street from thence under a culvert across the street. In June, 1897, under the direction of the street and alley committee of the city, the city street commissioner entered upon the…
1Opinion of the CourtBland, P. J.
I. In the Board & Owen case there were two counts to the petition. One in trespass, the other for damages for the negligent cutting down of the street. The petition in the present case alleges in substance that the city of Mexico wrongfully and negligently cut down the street to-*617plaintiff’s damage. No trespass is alleged. Tbe injury alleged in botb causes is tbe same but in neither case is it alleged that Board and Owen and tbe city of Mexico were joint tort-feasors, nor is tbe city charged at all with tbe commission of a tort, nor is it alleged in tbe petition in either case that Board and…
2Cases cited5 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Wheeler v. City of Poplar BluffSupreme Court of Missouri · 1899
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- Savage v. City of SpringfieldMissouri Court of Appeals · 1900
- Koeppen v. City of SedaliaMissouri Court of Appeals · 1901
3Cited by2 opinions
- Likes v. City of RollaMissouri Court of Appeals · 1914
- Faust v. PopeMissouri Court of Appeals · 1908