Schattner v. City of Kansas
Supreme Court of Missouri
Appeal from Jackson Circuit Court. The city canid not act under one part of section 4, of their charter, avoid the other part, and escape liability occurring thz’ough their action. (City of Reading vs. Keppleznazz, 61 Penn.
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Appeal from Jackson Circuit Court. The city canid not act under one part of section 4, of their charter, avoid the other part, and escape liability occurring thz’ough their action. (City of Reading vs. Keppleznazz, 61 Penn. St., 233; Thurston vs. Oity of St. Joseph, 51 Mo., 510.) 1. Under the Charter of 1867, Clause 8, § 1, the city had power to establish and change the grade of thé streets. 2. From the importance and nature of the work, the Common Council had good reason to delay final action under Sec. 4 of Art. 8, and in the meantime had full and ample power to gz-ade and regz’ade under…
1Opinion of the CourtNapton, Judge
The plaintiff in this case was tbe owner of a lot at the southwest corner of Main and 12th streets, in McGee’s Ad*163dition to Kansas City. In May, 1868, intending to build on this lot, he applied to the City Engineer to set the grade for the corners of his house even with the level of Main and 12th streets. He avers in his petition, that this was the duty of the engineer, and that the grade of 12th and Main streets was then established at 169 feet above the city directrix, and that the engineer gave him the information requested, and he built his house accordingly. After his building was…
2Cited by12 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- State Ex Rel. Oliver Cadillac Co. v. ChristopherSupreme Court of Missouri · 1927
- Van DeVere v. Kansas CitySupreme Court of Missouri · 1891
- City of Nampa v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1911
- Imler v. City of SpringfieldSupreme Court of Missouri · 1874
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