Canman v. City of St. Louis

• Decision Date: 04 March 1889
• Citation: Canman v. City of St. Louis, 11 S.W. 60, 97 Mo. 92 (Mo. 1889)
• Parties: CANMAN et al. v. CITY OF ST. LOUIS.
• Court: Missouri Supreme Court

11 S.W. 60

97 Mo. 92

CANMAN et al. v.CITY OF ST. LOUIS.

Supreme Court of Missouri.

March 4, 1889.

Appeal from St. Louis circuit court; SHEPARD BARCLAY, Judge.

Leverett Bell, for appellant.Muench & Cline, for respondents.

BRACE, J.

In this casethe plaintiffs sue for damages to their property for the same obstruction on Jefferson avenue for which damages were claimed in the case of Fairchild v. City of St. Louis, ubisupra, (decided at this delivery,) in which the judgment of the circuit court in favor of the plaintiffs was reversed.The property of the plaintiffs in this case is situate on said street, 125 or 130 feet north of the obstruction; in that the plaintiffs' property was situate on the same street, 350 feet south of the obstruction.The cases are "on all fours" with each other, except that in this case there was some evidence that, about the time the excavation was made in the street for the depression of the railroad tracks, the grade of the street at the crossing was temporarily adjusted to the lower grade of the tracks on each side thereof, before the street was finally closed for teams, and in making this grade some macadam was taken off the street in front of a few feet of plaintiff's property.The trial court properly excluded by instruction, without exception, from the...