Markowitz v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. W. Henry, Judge. ' (1) The respondent pursued the wrong remedy. Long before the suit was brought the appellant had prescribed the benefit district for the payment of any damages for the grading in question. The remedy provided by statute was exclusive and efficient.
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Appeal from Jackson Circuit Court. — Hon. J. W. Henry, Judge. ' (1) The respondent pursued the wrong remedy. Long before the suit was brought the appellant had prescribed the benefit district for the payment of any damages for the grading in question. The remedy provided by statute was exclusive and efficient. Constitution, sec. 21, art. 2; Session Laws, 1885, p. 49; Session Laws, 1887, p. 37; Dillon on Municipal Corporations [4 Ed.], sec. 993; Beoch v. Newark, 33 N. J. L. 129; Heiserv. New York, 104 N.' Y. 68; Flagg v. Worcester, 13 Gray (Mass.),‘.601; 6 Am. and Eng. Encyclopedia of Law, p.…
1Opinion of the CourtBurgess, J.
This is an action for damages to plaintiff’s property alleged to have been caused by defendant by grading Jefferson street in Kansas City, from Twenty-seventh street to the southern limits of said city, under an ordinance approved May 12, 1888. The work was done under a contract dated July 12,1888. On April 19,1889, defendant passed an ordinance defining the benefit district within which property should be charged with the payment of damages occasioned by such grading. Plaintiff’s property was in said district.
Prior, to the institution of this suit, plaintiff had brought a suit against…
2Cases cited17 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Cent. Pac. R.R. v. PearsonCalifornia Supreme Court · 1868
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3Cited by19 opinions
- In Re Armory Site in Kansas CitySupreme Court of Missouri · 1955
- Swift & Co. v. City of Newport NewsSupreme Court of Virginia · 1906
- State Ex Rel. St. Joseph Belt Railway Co. v. ShainSupreme Court of Missouri · 1937
- Metropolitan Street Railway Co. v. WalshSupreme Court of Missouri · 1906
- Lyons v. St. Joseph Belt Railway Co.Missouri Court of Appeals · 1937
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