McGrew v. Granite Bituminous Paving Co.
Supreme Court of Missouri
Appeal from Randolph. Circuit Court. — Hon. 'Nick M. Bradley, Special Judge. (1) A contractor acting nnder a valid proceeding of the municipal authorities providing for a street improvement, is not liable to an abutting property-owner for consequential damages to his property resulting from bringing the street to the grade authorized by such proceeding; and, although the property-owner affected may be entitled to damages caused by such improvement under the clause of the…
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Appeal from Randolph. Circuit Court. — Hon. 'Nick M. Bradley, Special Judge. (1) A contractor acting nnder a valid proceeding of the municipal authorities providing for a street improvement, is not liable to an abutting property-owner for consequential damages to his property resulting from bringing the street to the grade authorized by such proceeding; and, although the property-owner affected may be entitled to damages caused by such improvement under the clause of the Constitution fixing the liability of cities for “damaging property for public use,” nevertheless such liability does not…
1Opinion of the CourtWoodson, J.
This case reaches us upon an order of transfer made by the Kansas City Court of Appeals, owing to a constitutional question lodged in the record.
Plaintiff owns a certain described lot in the city of Kirksville, Missouri, which said lot abuts on Jefferson street in said city for a, distance of 108 feet. The lot is on the south side of said street. After properly charging the above matters, plaintiff’s petition then thus proceeds:
“Plaintiff further states that the defendant, Granite Bituminous Paving Company, at all times hereinafter mentioned, was,* and still is, a corporation organized and…
2Cases cited21 opinions
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Householder v. City of KansasSupreme Court of Missouri · 1884
- Garrett v. City of St. LouisSupreme Court of Missouri · 1857
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Thurston v. City of St. JosephSupreme Court of Missouri · 1873
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3Cited by21 opinions
- Rose v. State of CaliforniaCalifornia Supreme Court · 1942
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Anderson v. Inter-River Drainage & Levee DistrictSupreme Court of Missouri · 1925
- Kansas City v. Jones Store Co.Supreme Court of Missouri · 1930
- State Ex Rel. Penrose Investment Co. v. McKelveySupreme Court of Missouri · 1923
16 more not listed; retrieve them via the Exa API.