Houts v. McCluney
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) Private property cannot be taken or damaged for public use without just compensation. Const., art. 2, sec. 21; Const. U. S., art. 5. (2) Private property is taken for a public use when it is appropriated to the common use of the public at large.
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Appeal from Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) Private property cannot be taken or damaged for public use without just compensation. Const., art. 2, sec. 21; Const. U. S., art. 5. (2) Private property is taken for a public use when it is appropriated to the common use of the public at large. Owners of Ground v. Mayor of Albany, 15 Wend. 374. (3) The words “public use” in the constitutional provisions, supra, mean a use which concerns the whole community as distinguished from a particular individual or a particular number of individuals. Gilner v. Throckmorton, 18 Cal.…
1Opinion of the Court
Black, J. —
This case originated in the probate court of Johnson county. It was tried anew on appeal in the circuit court. The material agreed facts are these:
F. M. Prussing, who was a well-known citizen of Warrensburg, was murdered at night in February, 1887, by persons unknown, while going from his store to his residence. The plaintiff, who was a justice of the peace, acting as coroner, held an inquest over the body of the deceased. The demand constituting the foundation of this action, and which was allowed against the Prussing estate, by the probate court and again by the circuit *15court, is…
2Cited by3 opinions
- St. Louis & Gulf Railway Co. v. Cape Girardeau & Thebes Bridge Terminal Railway Co.Missouri Court of Appeals · 1907
- Veidt v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1904
- Opinion No. (1984), Missouri Attorney General Reports1984