Legal Opinion

Swenson v. City of Lexington

Supreme Court of Missouri

Decided October 15, 1878PublishedCited by 10 opinions

Appeal from Ray Circuit Court. — Hon. Geo. W. Bunn, Judge. . 1. The court erred in giving respondent’s instruction number 2. Gurno v. St. Louis, 12 Mo. 418; Alexander v. Milwaukee, 16 Wis. 247, 256; Green v. Reading, 9 Watts 382; O’ Conner v. Pittsburgh, 18 Pa. St. 187 ; Smith v. Washington, 20 How.

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Appeal from Ray Circuit Court. — Hon. Geo. W. Bunn, Judge. . 1. The court erred in giving respondent’s instruction number 2. Gurno v. St. Louis, 12 Mo. 418; Alexander v. Milwaukee, 16 Wis. 247, 256; Green v. Reading, 9 Watts 382; O’ Conner v. Pittsburgh, 18 Pa. St. 187 ; Smith v. Washington, 20 How. (H. S.) 135; Taylor v. St. Louis, 14 Mo. 20; Hoffman v. St. Louis, 15 Mo. 651; Murtaugh v. St. Louis, 44 Mo. 480; Barry v, St. Louis, 17 Mo. 121; Clark v. H. $■ St. J. R. R. Co., 36 Mo. 218; Hillsdorf 'o. St. Louis, 45 Mo. 98 ; Bailey v. New York, 3 Iiill 539 ; Murphy v. Chicago, 29 111. 279; 2…

1Opinion of the CourtHenry, J.

Plaintiff was owner of a lot on Water street in the city of Lexington, on which he had a dwelling house. The grade of said street had been established by the city prior to June 3rd, 1872, when the city council passed an ordinance granting the .Burlington & Southwestern Railway Company a right of way along said street for the purpose of constructing and operating a railroad thereon. The company, under this ordinance, made an embankment along the street, in front of plaintiff’s property, from twelve to fifteen feet high, and, according to the testimony of some of the witnesses, several feet…

2Cases cited2 opinions

  1. Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
  2. Wendell v. Mayor of TroyNew York Supreme Court · 1862

3Cited by10 opinions

  1. Hickman v. City of KansasSupreme Court of Missouri · 1894
  2. Rude v. City of St. LouisSupreme Court of Missouri · 1887
  3. McGrew v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1913
  4. Golden v. City of ClintonMissouri Court of Appeals · 1893
  5. Cross v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883

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