O'Leary v. Metropolitan Street Railway Co.

The opinion of the court was delivered by

Burch, J.:

The plaintiff sued the defendant for damages to her property resulting from changes in the street made by the defendant to accommodate its railway. The plaintiff recovered and the defendant appeals.

Street traffic on James street, in Kansas City, is carried over Pacific avenue on a viaduct reached from the north by an approach. The defendant’s rights originated in two ordinances numbered 5634 and 6102, passed in September, 1903, and March, 1905, respectively, and which read as follows:

“Section 1. . . . There is hereby granted unto the…