Newby v. Platte County
Supreme Court of Missouri
Appeal from Platte Circuit Cowrt. I. Newby was entitled in damages to the full value of bis land appropriated and taken for the road, and the court in the assessment thereof had no right to take into consideration the probable or incidental advantages which might or should accrue to Newby from the road in its enhancement of the value of his adjacent lands. (See Constitution of Missouri, article 13, section 7; 5 Dana, 32; 7 Dana, 87; 9 Dana, 114.)
1Opinion of the CourtLeonard, Judge
A great diversity of opinion has prevailed among speculative writers as to the origin of private property. The ancients, it is said, generally held property to be the gift of the Deity, but the nations of modern Europe have regarded it as an institution of the positive law. It would seem, indeed, to be a necessity of our nature, and precedes the establishment of civil government. Man can not live without it, and accordingly rights of property have always existed in every country. In every form of society there are circumstances under which things constituting the necessaries and comforts of…
2Cases cited10 opinions
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
- Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Sutton's Heirs v. City of LouisvilleCourt of Appeals of Kentucky · 1837
- M'Intire v. StateIndiana Supreme Court · 1840
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3Cited by30 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Gutierrez v. Middle Rio Grande Conservancy Dist.New Mexico Supreme Court · 1929
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