Sheehy v. Kansas City Cable Railway Co.
Supreme Court of Missouri
Appeal from Jaelcson Circuit Court. — Hon. J. H. Slover, Judge. (1) The first instruction given for plaintiff was erroneous. The city had the power to permit the defendant to make any use of the street, which was a public one, and to do all things necessary to enable it to make such use, and more especially if such use was a great public convenience.
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Appeal from Jaelcson Circuit Court. — Hon. J. H. Slover, Judge. (1) The first instruction given for plaintiff was erroneous. The city had the power to permit the defendant to make any use of the street, which was a public one, and to do all things necessary to enable it to make such use, and more especially if such use was a great public convenience. The construction of a street railroad. in a public highway is simply the preparation of the highway for a use universally'conceded to be public ; and, while it is true.that the plaintiff has a property right in the street appurtenant to his lot…
1Opinion of the CourtNobton, C. J.
Plaintiff, as the owner of a certain lot in Kansas City, with three dwelling-houses upon it, with a frontage of one hundred and ninety-two feet on Ninth, and fifty feet on Jefferson streets, in said city, sues for damages to said property, alleged to have been occasioned by the act of defendant in cutting down and lowering the grade of said Ninth street, below the grade established in 1879, when said houses were built on said lots. Defendant justified the act under an ordinance of the City of Kansas, approved April 4, 1883, authorizing *578J. W. Smith, and others to construct and operate for the…
2Cases cited13 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- G., C. & Santa Fe R. R. Co. v. EddinsTexas Supreme Court · 1884
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Householder v. City of KansasSupreme Court of Missouri · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Van DeVere v. Kansas CitySupreme Court of Missouri · 1891
27 more not listed; retrieve them via the Exa API.