Myers v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The damages complained of by plaintiff are not within the protection of section 16, article, 1 of the constitution of 1865, which provided “ that no private property ought to be taken or applied to public use without just compensation.” It is not sufficient to sustain the judgment below to show that the property of the plaintiff was damaged for public use.
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Appeal from St. Louis Court of Appeals. The damages complained of by plaintiff are not within the protection of section 16, article, 1 of the constitution of 1865, which provided “ that no private property ought to be taken or applied to public use without just compensation.” It is not sufficient to sustain the judgment below to show that the property of the plaintiff was damaged for public use. St. Louis v. Gurno, 12 Mo. 414; Taylor v. St. Louis, 14 Mo. 20 ; Hoffman v. St. Louis, 15 Mo. 651'; Sehattncr v. Kansas City, 53 Mo. 165 ; Wegra.au v. Jefferson City, 61 Mo. 55 ; Foster v. St. Louis,…
1Opinion of the CourtSherwood, J.
Action for damages done to plaintiff as the owner of certain riparian rights on the Mississippi river in the city of St. Louis. lie was the owner of a certain leasehold, on which his saw-mill was situated, and the injury complained of consisted in the so-called improvements in the shape of a dike, or something of that sort, which the city had built, extending out into the channel of the Mississippi river several hundred feet, thereby filling up the channel at that point and causing such a deposit of sediment or mud next to the shore as effectually destroyed the-*373landing place which plaintiff…
2Cases cited8 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Braddock Jones, in Error v. James G. SoulardSupreme Court of the United States · 1861
- The Schools v. RisleySupreme Court of the United States · 1870
- Broadwell v. City of KansasSupreme Court of Missouri · 1881
- Smith v. St. Louis Public SchoolsSupreme Court of Missouri · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Clark v. AllamanSupreme Court of Kansas · 1905
- State ex rel. Star Publishing Co. v. Associated PressSupreme Court of Missouri · 1901
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Cumberland Telegraph & Telephone Co. v. United Electric Railway Co.Tennessee Supreme Court · 1894
- American Steel & Wire Co. v. City of St. LouisSupreme Court of Missouri · 1945
6 more not listed; retrieve them via the Exa API.