City of Savannah v. Hancock
Supreme Court of Missouri
Appeal from Andrew Circuit Court.— How. H. S. Kelley, Judge. Instruction number three should not have been given, because of the submission thereby to the jury of the-question of public use, and even. if that question was rightly submitted, the instructions given by the court erroneously stated the law to the jury.
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Appeal from Andrew Circuit Court.— How. H. S. Kelley, Judge. Instruction number three should not have been given, because of the submission thereby to the jury of the-question of public use, and even. if that question was rightly submitted, the instructions given by the court erroneously stated the law to the jury. The only power the commissioners had, under this provision of the constitution, was to assess damages, after the property had been constitutionally condemned for public use, without any right in them to condemn private property for public use. These provisions of the state…
1Opinion of the CourtBlack, J.
The plaintiff is a city of the fourth class, under the general laws of this state. The mayor and aldermen passed an ordinance establishing an alley in block twenty-three, on property owned by defendant, in the rear of a row of business houses fronting upon one of the streets. The ordinance declares that the property taken “ shall thereafter be and remain a public alley, in all respects, in the city of Savannah.” Commissioners were appointed to assess damages to defendant for the property ; and to their report he filed exceptions, in the circuit court, under the provisions of section 4940,…
2Cases cited2 opinions
- County Court v. GriswoldSupreme Court of Missouri · 1874
- Dickey v. TennisonSupreme Court of Missouri · 1858
3Cited by21 opinions
- Bowman v. City of Kansas CitySupreme Court of Missouri · 1950
- City of Kirkwood v. VenableSupreme Court of Missouri · 1943
- St. Joseph Terminal Railroad v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Board of Health v. Van HoesenMichigan Supreme Court · 1891
- Logan v. StogsdaleIndiana Supreme Court · 1890
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