Maudlin v. City of Trenton
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. Paris C. Stepp, Judge. (1) Under section 21, article 2, of the constitution of the state of Missouri, the defendant was liable for changing the grade of the street in front of plaintiff’s property, and this property, and this provision of the constitution is self-enforcing.
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Appeal from the Grundy Circuit Court. — Hon. Paris C. Stepp, Judge. (1) Under section 21, article 2, of the constitution of the state of Missouri, the defendant was liable for changing the grade of the street in front of plaintiff’s property, and this property, and this provision of the constitution is self-enforcing. Householder v. The City of Kansas, 83 Mo. 488; Sheehy v. Cable Co., 94 Mo. 574; Hickman v. City of Kansas, 120 Mo. 110; Markowitz v. Kansas City, 125 Mo. 485; McElroyv. City of Kansas, 21 Fed. Rep. 257; Carson v. City of Springfield, 53 Mo. App. 289. (2) The defendant city had…
1Opinion of the CourtEllison, J.
This action is based on a claim for damages accruing to plaintiff’s property by reason of a *456change in the grade of a street made by direction of a street committee who were officers of defendant city. It was conceded that there was no ordinance authorizing the change of the grade. The court held the petition did not state a cause of action against the city and plaintiff took a nonsuit with leave to move to set it aside.
The charter of defendant city authorized the grading and altering of grades of streets by ordinance. This being so it measured the rights of the city in this respect and…
2Cases cited6 opinions
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Rowland v. City of GallatinSupreme Court of Missouri · 1881
- Werth v. City of SpringfieldMissouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bigelow v. City of SpringfieldMissouri Court of Appeals · 1914
- City of Unionville v. MartinMissouri Court of Appeals · 1902
- Duckworth v. City of SpringfieldMissouri Court of Appeals · 1916
- Kroffe v. City of SpringfieldMissouri Court of Appeals · 1901
- Clay v. BoardMissouri Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.