Canman v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court, — Hon. Shepard Barclay, Judge. The plaintiffs in this case were not entitled to recover. The damages suffered by them from the obstruction of West Jefferson avenue were not peculiar to the plaintiffs, nor did they differ in kind from those sustained by other members of the community, and the obstruction complained of was located at a point one hundred and thirty feet south of plaintiffs ’ property.
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Appeal from St. Louis City Circuit Court, — Hon. Shepard Barclay, Judge. The plaintiffs in this case were not entitled to recover. The damages suffered by them from the obstruction of West Jefferson avenue were not peculiar to the plaintiffs, nor did they differ in kind from those sustained by other members of the community, and the obstruction complained of was located at a point one hundred and thirty feet south of plaintiffs ’ property. Rude v. St. Louis, 93 Mo. 408. In this case, the obstruction which took its inception at the railroad tracks was contemporaneously extended by the city, ’…
1Opinion of the CourtBrace, J.
In this case, the plaintiffs sue for damages to their property for the same obstruction on Jefferson avenue for which damages were claimed in the case of Fairchild v. City of St. Louis, ante, p. 85, in which the judgment of the circuit court in favor of the plaintiffs was reversed. The property of the plaintiffs in this case is situate on said street one hundred and twenty-five or thirty feet north of the obstruction. In that, the plaintiffs ’ property was situate on the same street, three hundred and fifty feet south of the obstruction. The cases are “on all fours” with each other, except…
2Cases cited1 opinion
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
3Cited by15 opinions
- Van DeVere v. Kansas CitySupreme Court of Missouri · 1891
- Clemens v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1904
- Arcadia Realty Co. v. City of St. Louis.Supreme Court of Missouri · 1930
- John K. Cummings Realty & Investment Co. v. Deere & Co.Supreme Court of Missouri · 1907
- Siemers v. St. Louis Electric Terminal Railway Co.Supreme Court of Missouri · 1941
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