Colston v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Ho». A. M. Woodson, Judge. (1) The court erred in sustaining plaintiffs’ motion for a new trial. Defendant’s instruction No. 3 stated the law correctly and under the facts in the case was very favorable, to plaintiff. The instruction told the jury that if the trees were wholly or partly in the street and located so as to obstruct travel unless removed, plaintiff could not recover damages for them. 15 Am. and Eng. Ency.
Read the full summary
Appeal from Buchanan Circuit Court. — Ho». A. M. Woodson, Judge. (1) The court erred in sustaining plaintiffs’ motion for a new trial. Defendant’s instruction No. 3 stated the law correctly and under the facts in the case was very favorable, to plaintiff. The instruction told the jury that if the trees were wholly or partly in the street and located so as to obstruct travel unless removed, plaintiff could not recover damages for them. 15 Am. and Eng. Ency. Law (2 Ed.), 416; Gamble v. Pettijohn, 116 Mo. 375; 2 Smith on Mun. Corp., sec. 1311. (1) It is expressly decided that respondent, in an…
1Opinion of the CourtBroaddus, J.
The defendant city graded a certain street in front of plaintiff’s property and while so doing left an embankment several feet in height and cnt down four shade trees that were growing near her line. There was a petition filed, in which plaintiff joined, asking that the street be graded. The city council made the necessary order and tbe street was graded with the exception of a strip of about six feet next to the line of plaintiff’s lot. Afterwards, another ordinance was passed by the council providing for the grading of the entire street. Under this last order the said six feet was graded…
2Cases cited3 opinions
- Walker v. City of SedaliaMissouri Court of Appeals · 1898
- McAntire v. Joplin Telephone Co.Missouri Court of Appeals · 1898
- Gamble v. PettijhonSupreme Court of Missouri · 1893
3Cited by4 opinions
- Robinson v. City of SpokaneWashington Supreme Court · 1912
- Brown v. Town of CarrolltonMissouri Court of Appeals · 1907
- Ditzen v. City of KansasSupreme Court of Kansas · 1934
- Scott v. City of MarshallMissouri Court of Appeals · 1905