Calvert v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Ghesley A. Mosman, Judge. (1) St. Joseph is a city of the second class and the grading of a street can only he done by ordinance, unless change of grade is authorized by ordinance, the city is not responsible for damages in an action at common law, or under the constitution. G-ehling v. St. Joseph, 49 Mo. App. 430; Beattie v. St. Joseph, 57 Mo. App. 251; Reeves v. Columbia, 80 Mo.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. Ghesley A. Mosman, Judge. (1) St. Joseph is a city of the second class and the grading of a street can only he done by ordinance, unless change of grade is authorized by ordinance, the city is not responsible for damages in an action at common law, or under the constitution. G-ehling v. St. Joseph, 49 Mo. App. 430; Beattie v. St. Joseph, 57 Mo. App. 251; Reeves v. Columbia, 80 Mo. App. 173; Nevada to the use of Gilflllan v. Eddy, 123 Mo. 546; Graden v. Parkville, 90 S. W. 115,114 Mo. App. 527. (2) Roth, the contractor, in the case at har, was a…
1Opinion of the CourtBroaddus, P. J.
— The plaintiff’s suit is for the purpose of recovering damages against the city of St. Joseph for injuries to his property, the alleged result of subgrading and paving Dewey avenue. It is alleged in plaintiff’s petition that he was the owner of a certain 'lot fronting on Dewey avenue; that in pursuance of an ordinance of the city passed in October, 1902, the city contracted with one Fred Roth for the subgrading and paving of Dewey avenue; and that the defendant failed to grade and pave said avenue in front of plaintiff’s property, “but instead thereof, graded and paved a portion of said…
2Cases cited8 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Broadwell v. City of KansasSupreme Court of Missouri · 1881
- Rives v. City of ColumbiaMissouri Court of Appeals · 1899
- City of Unionville v. MartinMissouri Court of Appeals · 1902
- Beatty v. City of St. JosephMissouri Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.