City of Gladstone v. Hamilton

DIXON, Commissioner.

This case of condemnation by the City of Gladstone for sewer easements resulted in a verdict of no damages in the Circuit Court trial. Appellant landowner (who was sued originally under her former name, Dorothy Van Doren Rider,) appeals claiming error in the refusal of offered testimony and improper instruction on the issue of damages. We reverse and remand for new trial.

Our holding is upon the basis of error in the instruction, and a short statement of the pleadings and evidence is necessary.

Plaintiff, a third class city, based its action upon the statutes relative to a…