Faust v. Pope
Missouri Court of Appeals
Appeal from Cole Circuit Court. — No». William PL. Martin, Judge. (1) If the plaintiff’s theory of .the case is correct, the measure of damages might be compensation for actual loss or difference in its market value immediately before the injury and the like value after the injury is complete; but surely he could not be entitled to both.
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Appeal from Cole Circuit Court. — No». William PL. Martin, Judge. (1) If the plaintiff’s theory of .the case is correct, the measure of damages might be compensation for actual loss or difference in its market value immediately before the injury and the like value after the injury is complete; but surely he could not be entitled to both. Albers v. Merchants Exchange, 188 Mo. 140; Trust Co. v. Bambrick, 149 Mo. 560; Matthews v. Railroad, 142 Mo. 645; Bungenstock V. Drainage District, 163 Mo. 198; Robinson v. St. Joseph, 97 Mo. App. 503. (2) Appellants take the position that the action of the…
1Opinion of the CourtJohnson, J.
This is a suit to recover damages resulting to plaintiff from the excavation of a public street to bring it to the established grade. Defendant Pope was the contractor who did the work and defendant Wallau was the mayor of the city and signed the contract in that capacity but is sued as an individual. Verdict and judgment were for plaintiff and against both defendants in the sum of $575.
Facts necessary to be considered thus may be stated: Plaintiff owned and occupied as a residence a lot in the city of Jefferson, a city of the third class. His house contained four rooms, was built of brick…
2Cases cited13 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- Bungenstock v. Nishnabotna Drainage DistrictSupreme Court of Missouri · 1901
- St. Louis Trust Co. v. BambrickSupreme Court of Missouri · 1899
- Rives v. City of ColumbiaMissouri Court of Appeals · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bennett v. Mallinckrodt, Inc.Missouri Court of Appeals · 1985
- Clayton Brokerage Co. of St. Louis v. PillaMissouri Court of Appeals · 1982
- Town Council of Town of Hudson v. LaddWyoming Supreme Court · 1928
- Spain v. City of Cape GirardeauMissouri Court of Appeals · 1972
- Gulf, M. O. R. v. Smith-BrennanMissouri Court of Appeals · 1949
9 more not listed; retrieve them via the Exa API.