Legal Opinion

Johnson v. City of St. Louis

Court of Appeals for the Eighth Circuit

Decided July 6, 1909No. 2,863PublishedCited by 10 opinions

In Error to the Circuit Court of the United States for the Eastern District of Missouri.

1Opinion of the Court

SANBORN, Circuit Judge.

Prior to 1875, the Constitution of the state of Missouri contained this provision:

“That no private property ought to be taken or applied to public use without just compensation.” Section 16, art. 1, Const. 1805.

In that year this Constitution was so amended that it has since read in this way:

“That private property shall not be taken or damaged for public use without just compensation.” Section 21, art. 2 (Ann. St. 1000, p. 148).

In 1908 the city of St. Louis caused a sewer to be laid in an alley by the side of the plaintiff’s four-story brick building in a plane several…

2Cases cited66 opinions

  1. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  2. Chapman v. BarneySupreme Court of the United States · 1889
  3. Rigney v. City of ChicagoIllinois Supreme Court · 1881
  4. Coal Co. v. BlatchfordSupreme Court of the United States · 1871
  5. Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907

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3Cited by10 opinions

  1. Freigy v. Gargaro Company, Inc.Indiana Supreme Court · 1945
  2. Leo Feist, Inc. v. YoungCourt of Appeals for the Seventh Circuit · 1943
  3. Cirino v. Hess Oil Virgin Islands Corp.District Court, Virgin Islands · 1973
  4. Jerrold-Stephens Co. v. Gustaveson, Inc.District Court, W.D. Missouri · 1956
  5. Brooklyn Heights R. v. PloxinCourt of Appeals for the Second Circuit · 1923

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