Rude v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circioit Court. — Hon. A. M. Thayer, Judge. (1) The words, “taken or damaged,” employed in the constitution of 1875 (art. 11, sec. 21), do not give the persons whose property is taken or damaged any right of action which did not exist at common law, in cases where the work that wrought the injury was unauthorized by legislative enactment; or, to state the principle affirmatively, the word “damaged” gives to the party whose property is injured by…
Read the full summary
Appeal from St. Louis City Circioit Court. — Hon. A. M. Thayer, Judge. (1) The words, “taken or damaged,” employed in the constitution of 1875 (art. 11, sec. 21), do not give the persons whose property is taken or damaged any right of action which did not exist at common law, in cases where the work that wrought the injury was unauthorized by legislative enactment; or, to state the principle affirmatively, the word “damaged” gives to the party whose property is injured by authorized public work, the same remedy which he would have enjoyed at common law if the work had not been authorized,…
1Opinion of the CourtBlack, J.
The plaintiff owns, and for many years has owned, a lot in St. Louis at the corner of High street and Scott avenue, and upon which he has three buildings, two dwelling-houses and a one-story grocery-store. About five hundred feet south of his property,. the tracks of the Missouri Pacific Railway Company and the Wabash, Sts Louis, and Pacific Railway Company cross High street in an east and west direction. High street runs north and south. These tracks were at the *413grade of the street, and were put down and used by authority of law. The city built a viaduct, or bridge, over the tracks at…
2Cases cited6 opinions
- Ferrenbach v. TurnerSupreme Court of Missouri · 1885
- DeReamer v. Pacific Express Co.Supreme Court of Missouri · 1884
- Hoffman v. City of St. LouisSupreme Court of Missouri · 1852
- Cross v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Swenson v. City of LexingtonSupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- State Ex Rel. State Highway Commission v. MeierSupreme Court of Missouri · 1965
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
62 more not listed; retrieve them via the Exa API.