Ford v. Phillip
Missouri Court of Appeals
Appeal from .Clay Circuit Court. — Hon. Francis H. Trimble, Judge. Where one petitions the city to grade a street and the city has the street graded the owner of abutting property is estopped from asserting a claim against the city, or anyone else on account of changing the grade in front of his premises. Cross v. City of Kansas City, 90 Mo. 13; Yaile v. City of Independence, 116 Mo. 333; Galbreath v. Newton, 30 Mo. App. 380; Brick & Terra Cotta Co. v. Hill, 49 Mo.
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Appeal from .Clay Circuit Court. — Hon. Francis H. Trimble, Judge. Where one petitions the city to grade a street and the city has the street graded the owner of abutting property is estopped from asserting a claim against the city, or anyone else on account of changing the grade in front of his premises. Cross v. City of Kansas City, 90 Mo. 13; Yaile v. City of Independence, 116 Mo. 333; Galbreath v. Newton, 30 Mo. App. 380; Brick & Terra Cotta Co. v. Hill, 49 Mo. App. 433; Sheehan v. Owen, 82 Mo. 458; Construction Co. v. Hutchinson, 100 Mo. App. 294; Jaicks v. Merrill, 201 Mo. 91. A city…
1Opinion of the CourtEllison, J.
Plaintiff was the owner of a lot and residence thereon in the city of Excelsior Springs, Mo., a city of the fourth class. The lot fronted fifty feet on Magnolia avenue, which was the only means of access to his residence. He charges that defendant wrongfully and unlawfully excavated the middle thirty feet of the street immediately in front of his house- and lot to a depth of near eight feet, leaving precipitous walls on either side so as to cut off all access to his property, whereby he was damaged in the sum of $1030. He recovered judgment for $500.
It appears that the house was constructed…
2Cases cited3 opinions
- McCormick v. MooreMissouri Court of Appeals · 1909
- Perkinson v. HoolanSupreme Court of Missouri · 1904
- McQuarter v. City of St. JosephMissouri Court of Appeals · 1908