Legal Opinion

Wegmann v. City of Jefferson

Supreme Court of Missouri

Decided October 15, 1875PublishedCited by 14 opinions

Appeal from Cole County Oirwdt Court. cited Green vs. City of St. Louis, 12Mo., 414; Taylor vs. City of St. Louis, 14 Mo., 20; Hoffman vs. City of St. Louis, 15 Mo., 65; Schattner vs. City of Kansas, 53 Mo., 162; Dill. Mun.

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Appeal from Cole County Oirwdt Court. cited Green vs. City of St. Louis, 12Mo., 414; Taylor vs. City of St. Louis, 14 Mo., 20; Hoffman vs. City of St. Louis, 15 Mo., 65; Schattner vs. City of Kansas, 53 Mo., 162; Dill. Mun. Oorp., §§ 741-2, 781, 782, 783, 798, 799, 800, 801; 1 Denio, 597; 2 Denio, 433; 9 Watts, 382. Although the city had the authority and the power to grade and fill its streets, yet if it negligently or carelessly or unskilfully graded or filled its streets, then the city is liable for all damage occasioned in consequence of such negligent or careless or unskilfull grading or…

1Opinion of the CourtWagner, Judge

The petition in this ease stated that the plaintiff was the owner of a certain piece of property in Jefferson City, situated on Main street, and that the defendant in 1872, by its agents, officers and servants, carelessly, negligently and unskilfully filled up the grade on said street so as to injure plain*56tiffs property, for which damages were claimed. The answer was a denial of the allegations in the petition, and it further sets np that the defendant was not responsible, because the work was done in pursuance of power vested in it by its charter.. There was a trial before a jury and a…

2Cited by14 opinions

  1. Hickman v. City of KansasSupreme Court of Missouri · 1894
  2. Werth v. City of SpringfieldSupreme Court of Missouri · 1883
  3. Stewart v. City of ClintonSupreme Court of Missouri · 1883
  4. Davoren v. Kansas CitySupreme Court of Missouri · 1925
  5. Barree v. City of Cape GirardeauSupreme Court of Missouri · 1906

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