McQuarter v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. W. D. Rush, Judge. (1) The court committed error in giving instruction V, Avhich told the jury that a petition for the paving of Corby street offered in evidence by defendant city, should not be considered by them as any evidence of an intention or desire on the part of plaintiff to have said street graded, except in so far as might be necessary tor prepare the surface of the street for the paving so that when the paving was laid…
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Appeal from Buchanan Circuit Court. — Hon. W. D. Rush, Judge. (1) The court committed error in giving instruction V, Avhich told the jury that a petition for the paving of Corby street offered in evidence by defendant city, should not be considered by them as any evidence of an intention or desire on the part of plaintiff to have said street graded, except in so far as might be necessary tor prepare the surface of the street for the paving so that when the paving was laid the surface of the street would remain at the same elevation as before. Vaile v. Independence, 116 Mo. 337; Cross v. City…
1Opinion of the CourtBroaddus, P. J.
This suit is to recover damages done to the plaintiff’s property by the grading of Corby street from the east line of Sixth street to the west line of Ninth street. Corby street runs east and west and plaintiff’s property, which consists of lots 33 and 34 in Block 15 in St. Joseph Improvement Addition, is situated on the south side of Corby street between the two cross streets mentioned.
In 1890, an ordinance was passed for the grading of Corby street to the established grade between the points named and there is some slight evidence tending to show that the street was graded pursuant to the…
2Cases cited5 opinions
- Rowland v. City of GallatinSupreme Court of Missouri · 1881
- Rives v. City of ColumbiaMissouri Court of Appeals · 1899
- Maudlin v. City of TrentonMissouri Court of Appeals · 1896
- Koeppen v. City of SedaliaMissouri Court of Appeals · 1901
- Kroffe v. City of SpringfieldMissouri Court of Appeals · 1901
3Cited by3 opinions
- Bigelow v. City of SpringfieldMissouri Court of Appeals · 1914
- Duckworth v. City of SpringfieldMissouri Court of Appeals · 1916
- Ford v. PhillipMissouri Court of Appeals · 1911