Thurston v. City of St. Joseph
Supreme Court of Missouri
Jippeal from, Buchanan Court of Common Pleas. I. The petition contains facts sufficient to constitute a cause of action. (Blake vs. The City of St. Louis, 40 Mo., 570; Weightman vs. Corporation of Washington, 1 Black, U. S. 39.) Injuries sustained by persons from defects in the streets, for which the city would be liable are limited to injuries sustained within the territory of the street.
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Jippeal from, Buchanan Court of Common Pleas. I. The petition contains facts sufficient to constitute a cause of action. (Blake vs. The City of St. Louis, 40 Mo., 570; Weightman vs. Corporation of Washington, 1 Black, U. S. 39.) Injuries sustained by persons from defects in the streets, for which the city would be liable are limited to injuries sustained within the territory of the street. The city has no right to go outside of its limits and tamper with the embankments to private propertjn It cannot, therefore, be held responsible for remote and contingent damages produced by a combination…
1Opinion of the CourtAdams, Judge
The main point presented by this record is the liability of a municipal corporation for damages resulting to a lot holder from improvements made under authority conferred by the city charter.
What are the rights of a lot holder in reference to the adjacent streets and alleys? The owner in fee of a tract of land, may have it surveyed into town lots, streets and alleys ; and without selling any of the lots or acknowledging the plat, he may destroy the survey and vacate the streets and alleys. But if he convey away any of the lots, the right to the free use of the adjacent streets will pass to…
2Cases cited6 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Green v. Borough of ReadingSupreme Court of Pennsylvania · 1840
- City of St. Louis v. GurnoSupreme Court of Missouri · 1849
- Hoffman v. City of St. LouisSupreme Court of Missouri · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- State Ex Rel. Oliver Cadillac Co. v. ChristopherSupreme Court of Missouri · 1927
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
35 more not listed; retrieve them via the Exa API.