Carroll v. City of Marshall
Missouri Court of Appeals
Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) In adjusting the compensation of the landowner, the rule in this State, where private property is damaged for public use, is the same as when private property is taken for public use, and in each case the benefit to be deducted from the damage is the direct and peculiar benefit that results in particular to the owners of property, and not the general benefit that such land derives in common with the lands of…
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Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) In adjusting the compensation of the landowner, the rule in this State, where private property is damaged for public use, is the same as when private property is taken for public use, and in each case the benefit to be deducted from the damage is the direct and peculiar benefit that results in particular to the owners of property, and not the general benefit that such land derives in common with the lands of other owners in the neighborhood. Hickman v. Kansas City, 120 Mo. 122; Kent v. St. Joseph, 72 Mo. App. 44. (2) When…
1Opinion of the CourtEllison, J.
Plaintiff is the owner of several lots in the city of Marshall, Missouri, along the front *467of ■which, the city raised the grade of the street so as to leave the lots below the level of such street. He brought this action for damages to such property and failed in the trial court.
It appears that the street was not only graded, but was also macadamized and curbed. The court gave an instruction for defendant wherein it was declared that the fact the street was a graded and macadamized street with curbs and gutters, could be taken into consideration by the jury as benefits to plaintiff which…
2Cases cited2 opinions
- Neenan v. SmithSupreme Court of Missouri · 1872
- Thornton v. City of ClintonSupreme Court of Missouri · 1899
3Cited by4 opinions
- Gregg v. SandersSupreme Court of Arkansas · 1921
- Widman Investment Co. v. City of St. JosephSupreme Court of Missouri · 1905
- Thomson v. Kansas CitySupreme Court of Missouri · 1964
- Powell v. City of ColumbiaMissouri Court of Appeals · 1911