Johnson v. City of Boonville
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The court properly permitted the plaintiffs to prove that the strip of ground was cut down below the level of the lots, and that thereby the remainder of the property not actually taken was damaged.
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Appeal from Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The court properly permitted the plaintiffs to prove that the strip of ground was cut down below the level of the lots, and that thereby the remainder of the property not actually taken was damaged. McReynolds v. Railway, 110 Mo. 484; Doyle v. Railway, 113 Mo. 280. The action is based upon the wrongful conduct of the city in entering upon the plaintiffs’ property, and appropriating a strip thereof to its own use, as a part of a public street. Soulard v. City of St. Louis, 36 Mo. 546; Dooley v. City of Kansas, 82 Mo. 444;…
1Opinion of the CourtGill, J.
— This is an appeal from an order granting a new trial. Plaintiffs were the admitted owners of certain real estate situated along the north line of Spruce street in Boonville, described as lots one and eight in block 1, Wyan’s addition. Plaintiffs maintained a fence along what they claimed as their south line and the north line of the street. In August, 1897, the defendant city, it is conceded, entered upon and appropriated as part of the street, a strip of this land along the north line of said Spruce street — said strip measuring at one end about five feet and at the other fourteen inches —…
2Cases cited3 opinions
- First National Bank v. WoodSupreme Court of Missouri · 1894
- McReynolds v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1892
- Hopper v. HickmanSupreme Court of Missouri · 1898
3Cited by3 opinions
- Sommer v. ComptonOregon Supreme Court · 1908
- Clark v. McAteeSupreme Court of Missouri · 1910
- Ashby v. Elsberry & New Hope Gravel Road Co.Missouri Court of Appeals · 1905