Legal Opinion

Shaffner v. City of St. Louis

Supreme Court of Missouri

Decided October 15, 1860PublishedCited by 7 opinions

Appeal from St. Louis Circuit Court. The facts will appear in the opinion of the court. These are the instructions asked by the appellant, and refused in the court below: “ 1. That the proceedings under which it is alleged that the property of the plaintiff was condemned for public use is null and void, and the plaintiff can not recover in this action on account thereof. 2. That under the charter of the city relating to the opening and improving streets, the city is only…

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Appeal from St. Louis Circuit Court. The facts will appear in the opinion of the court. These are the instructions asked by the appellant, and refused in the court below: “ 1. That the proceedings under which it is alleged that the property of the plaintiff was condemned for public use is null and void, and the plaintiff can not recover in this action on account thereof. 2. That under the charter of the city relating to the opening and improving streets, the city is only liable to the party whose property is condemned for public use to the extent of the amount assessed against the city on…

1Opinion of the CourtScott, Judge

This was an action brought by the plaintiff, Shaffner, against the City of St. Louis, for the sum of $16,830, damages .to the plaintiff, assessed for opening South Twelfth street from Chouteau avenue to Gratiot street.

The amended charter of the city of St. Louis, approved February 23, 1853, and March 5, 1855, in relation to the opening and improving streets, section 4, enacts that it shall be the duty of the jury, first, to ascertain the actual value of the land proposed to be taken for the opening, widening, or altering of a lane, alley, street, avenue, wharf, or public *270square,' without…

2Cited by7 opinions

  1. City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1935
  2. Kansas City v. WoerishoefferSupreme Court of Missouri · 1913
  3. Fulton v. Town of DoverSupreme Court of Delaware · 1888
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Town of WolcottIndiana Supreme Court · 1904
  5. Quayle v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876

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