Keating v. City of Kansas
Supreme Court of Missouri
Appeal from Jadcson Circuit Court. (1) Plaintiff was entitled to recover on the ground that the city was negligent in the preparation and passage of what was supposed to be ordinance number 8449, by which the grade of Bell street was attempted to be re-established and in accordance with which grade the engineer prepared plans and specifications and directed the actual doing of the work. Dillon on Mun. Corp. (3d Ed.) p. 475; Kearney v. Covington, 1 Mete.
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Appeal from Jadcson Circuit Court. (1) Plaintiff was entitled to recover on the ground that the city was negligent in the preparation and passage of what was supposed to be ordinance number 8449, by which the grade of Bell street was attempted to be re-established and in accordance with which grade the engineer prepared plans and specifications and directed the actual doing of the work. Dillon on Mun. Corp. (3d Ed.) p. 475; Kearney v. Covington, 1 Mete. (Ky.) 339; Chicago v. People, 56 111. 327; Cronan v. Municipality, 5 La. Ann. 537; Maher v. Chicago, 38 111. 266; Wisher v. St. Louis, 44 Mo.…
1Opinion of the CourtSherwood, J.
Keating sued the city to recover the *418sum of $4,062.66 for certain street grading done by Mm under a defective ordinance. He had a contract with the city to do the work which expressly provided that the passage of the ordinance, number 14,495, and the doing of said work without any petition or any proper petition therefor, or entire failure or failures properly on the part of real estate owners theretofore or thereafter, to petition the common council to have said work done or improvements made, shall not render the city liable to pay directly or indirectly for such work or any part thereof,…
2Cases cited4 opinions
- Mayor of Baltimore v. EschbachCourt of Appeals of Maryland · 1862
- McCormack v. PatchinSupreme Court of Missouri · 1873
- Cheeney v. Inhabitants of BrookfieldSupreme Court of Missouri · 1875
- Keating v. SkilesSupreme Court of Missouri · 1880
3Cited by30 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Cochran v. WilsonSupreme Court of Missouri · 1921
- Cassidy v. City of St. JosephSupreme Court of Missouri · 1912
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
- Ely v. City of St. LouisSupreme Court of Missouri · 1904
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