Clinkingbeard v. City of St. Joseph

CourtUnited States State Supreme Court of Missouri
Writing for the CourtSherwood
PartiesCLINKINGBEARD v. CITY OF ST. JOSEPH.
Decision Date12 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

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.

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4 practice notes
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • March 21, 1908
    ...28 N.E. 999; Burlington v. Gilbert, 51 La. 356; Denver v. Vernia, 8 Colo. 399; Davis v. Ry. Co., 24 S.W. 777; Klinkenbeard v. St. Joseph, 27 S.W. 521; Wilber v. Fort Dodge, 90 N.W. 186; Groff v. Philadelphia, 24 A. 1048; Maghee v. Avondale, 31 Wkly. L. Bul., 163; Neubert v. Toledo, 2 O. Dec......
  • Ray v. City Of Huntington, (No. 3401.)
    • United States
    • Supreme Court of West Virginia
    • February 5, 1918
    ...633, 92 N. W. 887; Manning v. Shreveport, 119 La. 1044, 44 South. 882, 13 L. R. A. (N. S.) 452; Clinkenbeard v. St. Joseph, 122 Mo. 641, 27 S. W. 521; Omaha v. Williams, 52 Neb. 40, 71 N. W. 970; Groff v. Philadelphia, 150 Pa. 594, 24 Atl. 1048; Gray v. Salt Lake City, 44 Utah, 204, 138 Pac......
  • Mohesky v. City of Washington, No. 33059
    • United States
    • Court of Appeal of Missouri (US)
    • September 17, 1968
    ...a material change of grade from the natural surface to an established grade. See also: 'Clinkingbeard v. City of St. Joseph, 122 Mo. 641, 27 S.W. 521; Smith v. St. Joseph, 122 Mo. 643, 27 S.W. 344; Cole v. City of St. Louis, 132 Mo. 633, 34 S.W. 469; Abercrombie v. Kansas City, 149 Mo.App. ......
  • Gray v. Salt Lake City, 2533
    • United States
    • Supreme Court of Utah
    • February 3, 1914
    ...but before actually carried into effect. The case is followed by the same court in Clinkenbeard v. City of St. Joseph, 122 Mo. 641, 27 S.W. 521. [44 Utah 216] Nebraska has a constitutional provision precisely like ours, which has frequently been applied by the Supreme Court of that state. I......
4 cases
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • March 21, 1908
    ...28 N.E. 999; Burlington v. Gilbert, 51 La. 356; Denver v. Vernia, 8 Colo. 399; Davis v. Ry. Co., 24 S.W. 777; Klinkenbeard v. St. Joseph, 27 S.W. 521; Wilber v. Fort Dodge, 90 N.W. 186; Groff v. Philadelphia, 24 A. 1048; Maghee v. Avondale, 31 Wkly. L. Bul., 163; Neubert v. Toledo, 2 O. Dec......
  • Ray v. City Of Huntington, (No. 3401.)
    • United States
    • Supreme Court of West Virginia
    • February 5, 1918
    ...633, 92 N. W. 887; Manning v. Shreveport, 119 La. 1044, 44 South. 882, 13 L. R. A. (N. S.) 452; Clinkenbeard v. St. Joseph, 122 Mo. 641, 27 S. W. 521; Omaha v. Williams, 52 Neb. 40, 71 N. W. 970; Groff v. Philadelphia, 150 Pa. 594, 24 Atl. 1048; Gray v. Salt Lake City, 44 Utah, 204, 138 Pac......
  • Mohesky v. City of Washington, No. 33059
    • United States
    • Court of Appeal of Missouri (US)
    • September 17, 1968
    ...a material change of grade from the natural surface to an established grade. See also: 'Clinkingbeard v. City of St. Joseph, 122 Mo. 641, 27 S.W. 521; Smith v. St. Joseph, 122 Mo. 643, 27 S.W. 344; Cole v. City of St. Louis, 132 Mo. 633, 34 S.W. 469; Abercrombie v. Kansas City, 149 Mo.App. ......
  • Gray v. Salt Lake City, 2533
    • United States
    • Supreme Court of Utah
    • February 3, 1914
    ...but before actually carried into effect. The case is followed by the same court in Clinkenbeard v. City of St. Joseph, 122 Mo. 641, 27 S.W. 521. [44 Utah 216] Nebraska has a constitutional provision precisely like ours, which has frequently been applied by the Supreme Court of that state. I......

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