Cole v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Pishee, Judge. (1) On the pleadings and evidence plaintiff is not entitled to any damages. Prom whatever standpoint of fact the ease may be viewed, the evidence is uncontradicted that plaintiff’s property was worth from $3,000 to $8,000 more after the change of grade than it was before the street was graded and improved. (2) Under the law plaintiff is not entitled to any damages.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Pishee, Judge. (1) On the pleadings and evidence plaintiff is not entitled to any damages. Prom whatever standpoint of fact the ease may be viewed, the evidence is uncontradicted that plaintiff’s property was worth from $3,000 to $8,000 more after the change of grade than it was before the street was graded and improved. (2) Under the law plaintiff is not entitled to any damages. This case strikingly illustrates how values increase as public improvement advances. The value of property enhances in the proportion to its accessibility by…
1Opinion of the CourtGantt, P. J.
This is an action for damages caused to plaintiff’s residence property on Westminster Place in the city of St. Louis by reason of a grade established by an ordinance of said city, whereby the grade of the street on which said property abutted was lowered about eight feet, requiring the expenditure of a large sum of money to adjust said property to the new grade and resulting in the destruction of many valuable shade trees, wells, and other improvements on said property. The damages were laid at $15,000. The answer of the city is a general denial. A jury was waived and the cause was tried to…
2Cases cited5 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Davis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Spencer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1894
- Markowitz v. Kansas CitySupreme Court of Missouri · 1894
- Smith v. City of St. JosephSupreme Court of Missouri · 1894
3Cited by5 opinions
- Johnson v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1909
- Mohesky v. City of WashingtonMissouri Court of Appeals · 1968
- Bledsoe v. StallardSupreme Court of Missouri · 1913
- Quinn v. City of ColumbiaMissouri Court of Appeals · 1911
- Fuess v. Kansas CitySupreme Court of Missouri · 1905