City of Kansas ex rel. Frear Stone & Pipe Manufacturing Co. v. Swope
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — IIon. S. H. Woodson, Judge. There was evidence tending to show that prior to 1844 Turkey creek was a living stream flowing in a northerly direction through the extreme western part of what is now Kansas City, and finally emptying into the Missouri River; that in that year there came what is spoken of as the flood of 1844, when the ground in that vicinity was submerged, and Turkey creek changed its channel, and has ever since that time…
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Appeal from Jackson Circuit Court. — IIon. S. H. Woodson, Judge. There was evidence tending to show that prior to 1844 Turkey creek was a living stream flowing in a northerly direction through the extreme western part of what is now Kansas City, and finally emptying into the Missouri River; that in that year there came what is spoken of as the flood of 1844, when the ground in that vicinity was submerged, and Turkey creek changed its channel, and has ever since that time emptied into the Kansas River, a considerable distance south of the mouth or outlet of the sewer in question, and then…
1Opinion of the CourtSherwood, J.
Action on tax bills for building a sewer. It is- unnecessary in the examination of the merits of this cause that discussion be had of but one of the defenses set forth in the answer, “ that the sewer in question does not and never did connect with a public sewer or other district sewer, or with the natural course of drainage, and that ordinance 11,497 referred to in the petition, was void for that reason.” The charter of the city provides that: “ District sewers shall be established within the limits of the district to be described by ordinance, connecting with a public sewer or other…
2Cases cited2 opinions
- Kiley v. OppenheimerSupreme Court of Missouri · 1874
- Leach v. CargillSupreme Court of Missouri · 1875
3Cited by10 opinions
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- City of St. Louis v. KingSupreme Court of Missouri · 1910
- City of Meadville v. CaselmanMissouri Court of Appeals · 1950
- Fruin-Bambrick Construction Co. v. GeistMissouri Court of Appeals · 1889
- City of St. Joseph ex rel. Danaher v. WilshireMissouri Court of Appeals · 1891
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