Legal Opinion

Kansas City v. Berkshire Lumber Company

Supreme Court of Missouri

Decided July 12, 1965No. 50996PublishedCited by 25 opinions

1Opinion of the Court

WELBORN, Commissioner.

This is a condemnation proceeding by the City of Kansas City under Article VI of its charter in connection with the construction of a viaduct in Truman Road. Berkshire Lumber Company filed its claim for $60,000 damages. In a trial before a six-man freeholders’ jury, Berkshire’s witnesses placed its damages at between $34,000 and $55,000. Berkshire asked the freeholders’ jury for “at least $40,000” but the award was for $11,300. Because of the amount in dispute, we have jurisdiction of this appeal by Berkshire.

On October 6, 1961, Kansas City enacted enabling Ordinance No.…

Also in this document: Per curiam.

2Cases cited19 opinions

  1. People v. RicciardiCalifornia Supreme Court · 1943
  2. Sauer v. City of New YorkSupreme Court of the United States · 1907
  3. Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
  4. State Ex Rel. State Highway Commission v. MeierSupreme Court of Missouri · 1965
  5. United States v. J. Cyril Johnson and Ray T. LindsayCourt of Appeals for the Ninth Circuit · 1961

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3Cited by25 opinions

  1. Jackson Sawmill Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1978
  2. Wolf v. Department of HighwaysSupreme Court of Pennsylvania · 1966
  3. Troiano v. Colorado Department of HighwaysSupreme Court of Colorado · 1969
  4. Regency Outdoor Advertising, Inc. v. City of Los AngelesCalifornia Supreme Court · 2006
  5. Filler v. City of MinotNorth Dakota Supreme Court · 1979

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