Smith v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Sloven, Judge. (1) The court erred in giving instruction number 3 for plaintiff. This instruction is in conflict with instruction number 4 given on behalf of defendant. Bluedornv. Railroad, 108 Mo. 39; State v. Eerrell, 97 Mo. 109. (2) Instruction number 3 for plaintiffs was was erroneous because: First. There was no evidence as to cost of restoring lot and improvements to the condition they were before the grading. Second.
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Appeal from Jackson Circuit Court. — Hon. J. H. Sloven, Judge. (1) The court erred in giving instruction number 3 for plaintiff. This instruction is in conflict with instruction number 4 given on behalf of defendant. Bluedornv. Railroad, 108 Mo. 39; State v. Eerrell, 97 Mo. 109. (2) Instruction number 3 for plaintiffs was was erroneous because: First. There was no evidence as to cost of restoring lot and improvements to the condition they were before the grading. Second. The testimony shows many of the improvements could not be lowered, but must be replaced with new improvements, and no…
1Opinion of the Court
Brace, P. J. —
The plaintiffs are husband and wife and sue the city for damages to the property of the wife abutting on Locust street in said city.
The petition charges that the plaintiff, Mary E. Smith, since the twenty-first day of February, 1890, has been, and still is, the owner in fee simple of the premises described in the petition. That on March 2, 1889, the city, by ordinance of that date, established a grade for said street in front of plaintiff’s property below the grades of the natural surface thereof, and on the third day of January, 1890, it provided by ordinance for cutting down…
2Cases cited8 opinions
- Chicago v. TaylorSupreme Court of the United States · 1888
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Jefferson City v. OpelSupreme Court of Missouri · 1878
- Kansas City, Clinton & Springfield Railway Co. v. CarlisleSupreme Court of Missouri · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gohman v. City of St. BernardOhio Supreme Court · 1924
- Reutner v. VougaMissouri Court of Appeals · 1963
- State Ex Rel. State Highway Commission v. BrueningSupreme Court of Missouri · 1959
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- Eby v. City of LewistownMontana Supreme Court · 1918
12 more not listed; retrieve them via the Exa API.