Clinkingbeard v. City of St. Joseph

• Court: United States State Supreme Court of Missouri
• Writing for the Court: Sherwood
• Parties: CLINKINGBEARD v. CITY OF ST. JOSEPH.
• Decision Date: 12 June 1894

27 S.W. 521 CLINKINGBEARD
v.
CITY OF ST. JOSEPH. Supreme Court of Missouri, Division No. 2. June 12, 1894.

CITIES — CHANGE OF STREET GRADE — DAMAGES.

A city is not liable for damages from a change of grade of a street to improvements put on the property of an abutting owner after such grade had been established, but only for damages to the property, irrespective of the improvements. Davis v. Railway Co. (Mo. Sup.) 24 S. W. 777, followed.

Appeal from circuit court, Buchanan county; Henry M. Ramey, Judge.

Action by Maggie S. Clinkingbeard against the city of St. Joseph. From a judgment for plaintiff, defendant appeals. Reversed.

Huston & Parrish, for appellant. Vinton Pike and Willard P. Hall, for respondent.

SHERWOOD, J.

Action against the defendant city for damages caused by the grading

27 S.W. 522

of a street in front of plaintiff's property, the building on which was erected after the grade of the street was established by the city. This case falls within the rule announced in Davis v. Railway Co. (Mo. Sup.) 24 S. W. 777, in which it was held that liability for damages did not extend to injury for improvements put on the lot after the grade was established, but was confined to damage done to the lot, without reference to such improvements. Adhering to the rule announced in that case, we reverse the judgment, and remand the cause. All concur.