Legal Opinion

Simpson v. Kansas City

Supreme Court of Missouri

Decided July 1, 1892PublishedCited by 33 opinions

Appeal from Jackson Circuit Court. (1) Proceedings by a corporation to condemn property for public use may be dismissed by the corporation at any time prior to a final judgment; but when they are so dismissed the corporation is liable to the property-owner for the actual loss inflicted by the institution and maintenance of the proceedings. Liesse ■v. Railroad, 2 Mo.

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Appeal from Jackson Circuit Court. (1) Proceedings by a corporation to condemn property for public use may be dismissed by the corporation at any time prior to a final judgment; but when they are so dismissed the corporation is liable to the property-owner for the actual loss inflicted by the institution and maintenance of the proceedings. Liesse ■v. Railroad, 2 Mo. App. 105; s. c., 72 Mo. 561; Railroad v. Lackland, 25 Mo. 515; St. Joseph v. Hamilton, 43 Mo. 282; Rogers v. St. Charles, 3 Mo. App. 41; McLaughlin v. Municipality, 5 La. Ann. 504; Rofficnac Street, 4 Rob. (La.) 357; O’Neill v.…

1Opinion of the CourtMacfarlane, J.

The petition in this case charged that the defendant, a municipal corporation, in 1879 commenced proceedings for widening Twelfth street in Kansas City, and for that purpose to condemn the property of plaintiffs, to-wit, lots 1, 2, 3, 4, 9 and 10 in block 57 of Turner & Co.’s addition to said city; that the proper ordinances were duly passed, and in 1881 damages were assessed by a jury duly impaneled by the mayor; from the judgment entered for the damages so assessed certain parties to said proceedings appealed to the circuit court of Jackson county, but that plaintiffs took no appeal; that…

2Cases cited9 opinions

  1. City of St. Louis v. MeintzSupreme Court of Missouri · 1891
  2. North Missouri Railroad v. LacklandSupreme Court of Missouri · 1857
  3. Dickey v. TennisonSupreme Court of Missouri · 1858
  4. Leisse v. St. Louis & Iron Mountain RailroadMissouri Court of Appeals · 1876
  5. Leisse v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1880

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3Cited by33 opinions

  1. Smith v. Erie Rd. Co.Ohio Supreme Court · 1938
  2. Hamer v. State Highway Commission of the MissouriSupreme Court of Missouri · 1957
  3. Winkelman v. City of ChicagoIllinois Supreme Court · 1904
  4. City of Kirkwood v. VenableSupreme Court of Missouri · 1943
  5. 66, Inc. v. Crestwood Commons Redevelopment Corp.Missouri Court of Appeals · 2004

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