Walker v. City of Sedalia
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. G-. F. Longan, Judge. (1) On this record we say the court erred in refusing the fourth instruction asked by defendant declaring plaintiff could not in any event recover on account of the trees that grew in the street and in giving the third one for plaintiff allowing recovery for said trees.
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Appeal from the Pettis Circuit Court. — Hon. G-. F. Longan, Judge. (1) On this record we say the court erred in refusing the fourth instruction asked by defendant declaring plaintiff could not in any event recover on account of the trees that grew in the street and in giving the third one for plaintiff allowing recovery for said trees. Elliott on Roads and Streets, p. 519-525, and cases cited; Bishop, Non-Contract Law, sec. 873; Gamble v. Pettijohn, 116 Mo. 375; 1 Dillon, Mun. Corp. [2 Ed.], sec. 332; Smith v. Kansas City, 128 Mo. 23; Carson v. Springfield, 53 Mo. App. 289; Slattery v. St.…
1Opinion of the CourtSmith, P. J.
Statement. — The plaintiff’s petition alleges that she was the owner of lots 2 and 3 and the west three fourths of lot 4 in block 51 in Smith and Martin’s addition to defendant city, lying on the south side *: . J ° of bixth street. It is further alleged therein that in the year 1881 the defendant by ordinance established the grade of said street in front of plaintiff’s lots, and that afterward, in 1894, the defendant, by a further ordinance, changed the said established grade and lowered the same in front of the plaintiff’s lots about four feet. It was further therein alleged that prior to…
2Cases cited12 opinions
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Householder v. City of KansasSupreme Court of Missouri · 1884
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Sheehy v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1887
- Keith v. BinghamSupreme Court of Missouri · 1889
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3Cited by12 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Kukkuk v. City of Des MoinesSupreme Court of Iowa · 1922
- Webber v. Salt Lake CityUtah Supreme Court · 1911
- McAntire v. Joplin Telephone Co.Missouri Court of Appeals · 1898
- Johnson v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1909
7 more not listed; retrieve them via the Exa API.