Less v. City of Butte
Montana Supreme Court
Appeal from District Court> Silver Bow County; John Lindsay, Judge. ActioN by Andrew Less against the city of Butte. From a judgment for plaintiff, defendant appeals. STATEMENT OE THE CASE BY THE COMMISSIONER ¥hO Prepared ti-ie Opinion.
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Appeal from District Court> Silver Bow County; John Lindsay, Judge. ActioN by Andrew Less against the city of Butte. From a judgment for plaintiff, defendant appeals. STATEMENT OE THE CASE BY THE COMMISSIONER ¥hO Prepared ti-ie Opinion. On June 8, 1881, the owners of the ground included in the present Leggatt & Foster addition to the city of Butte' platted the same in lots and blocks, with intervening streets, and filed ■a plat thereof .with the county clerk of Silver Bow county, Montana. East Broadway street, designated upon the plat, is an extension of Broadway street in said city. On March…
1Opinion of the Court
MB. COMMISSIONER CALLAWAY
prepared the opinion for the court.
By the common law municipal corporations were not held liable for consequential damages resulting to property owners by reason of changes in street grades; The municipal authorities might change or alter the grades of public thoroughfares at will, and the adjoining owners had no redress. It was considered that, public improvements being for the good of the body politic, and always being in contemplation, the individual purchased his city, or town property charged with knowledge that changes might be made as required by public…
2Cases cited20 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Chicago v. TaylorSupreme Court of the United States · 1888
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Hickman v. City of KansasSupreme Court of Missouri · 1894
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3Cited by33 opinions
- Thornburg v. Port of PortlandOregon Supreme Court · 1962
- State Ex Rel. Diederichs v. State Highway CommissionMontana Supreme Court · 1931
- Homan Mfg. Co., Inc. v. H. A. LongCourt of Appeals for the Seventh Circuit · 1957
- Sallden v. City of Little FallsSupreme Court of Minnesota · 1907
- Rauser v. Toston Irrigation DistrictMontana Supreme Court · 1977
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