Ramsey v. Field
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) Where an ordinance recites that the sidewalk shall not be less than five feet . . . and the proof shows that it was laid exactly five feet, there is no delegation of authority, nor is the ordinance indefinite and uncertain.
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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) Where an ordinance recites that the sidewalk shall not be less than five feet . . . and the proof shows that it was laid exactly five feet, there is no delegation of authority, nor is the ordinance indefinite and uncertain. Shehan v. Gleeson, 46 Mo. 100; Railway v. Jacksonville, 114 111. 562. (2) The width of the sidewalk shall not be less than five feet, laid so the outer edge shall be as directed by the city engineer, taken as a whole is not a delegation of authority to the city engineer under the facts in this case, neither…
1Opinion of the CourtEllison, J.
— This action was instituted to recover the amount of three special taxbills issued for the *623construction of a sidewalk in front of defendant’s property on Baltimore avenue in Kansas City. The judgment in the trial court was for the defendant. In his reply to defendant’s answer, plaintiff made the following admission of facts in the case:
“Plaintiff admits that Baltimore avenue was then, as now, fifty feet wide, and the division line between the roadway for vehicles and teams, and the sidewalk for pedestrians, was the curbing set and constructed thereon, eleven feet from the line of the private…
2Cases cited12 opinions
- Minnesota v. BarberSupreme Court of the United States · 1890
- Colon v. . LiskNew York Court of Appeals · 1897
- Brown v. City of DenverSupreme Court of Colorado · 1884
- Collins v. New HampshireSupreme Court of the United States · 1898
- McCrowell v. City of BristolSupreme Court of Virginia · 1893
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3Cited by3 opinions
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- Gratz v. City of KirkwoodMissouri Court of Appeals · 1914
- Municipal Securities Corp. v. GatesMissouri Court of Appeals · 1908