Home/Supreme Court of Missouri/City of St. Joseph v. Crowther

City of St. Joseph v. Crowther

43 S.W. 786, 142 Mo. 155, 1897 Mo. LEXIS 378
Supreme Court of Missouri·Decided December 22, 1897·Published·Cited by 6 cases

Opinion

Gantt, P. J.

This is an appeal from a judgment of the circuit court of Buchanan county in a condemnation proceeding prosecuted by the city of St. Joseph for the extension of Tenth street in said city through the lands of E. C. Zimmerman. The ordinance appropriating the property for public use and defining the benefit district and the petition of the city praying for the appointment of commissioners to assess damages and benefits are conceded to be sufficient.

The appellant Zimmerman is the owner of a tract of land fronting four hundred and forty feet on Atchison street with a depth varying from seventy-six feet on Eleventh street to about two' hundred and twenty-eight feet on the west side. As will appear from the accompanying plat, Tenth street is open from the heart of the city of St. Joseph to the south line of city blocks 145 and'146 of South St. Joseph addition. By this proceeding it is proposed to extend Tenth street at a width of sixty feet 'through a tract known as the Noble tract to the north line of Turner & Kirkpatrick addition. The street is already dedicated and opened through the last named addition. Beginning at the south line of said addition, it is proposed to extend it across the Hannibal & St. Joseph Railroad through appellant Zimmerman’s tract to Atchison street. It will necessitate the condemnation of a strip sixty feet wide and two hundred and twenty-eight feet, five inches deep north and south, and will leave a strip of ground west of and fronting on said new extension of the street two hundred and twenty-eight feet, five inches long by eighty feet deep.

Appellant filed his exceptions in the circuit court to the report of the commissioners, and the circuit [160]*160court having overruled the same, he appeals to this court.

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City of St. Joseph v. Crowther, 43 S.W. 786, 142 Mo. 155, 1897 Mo. LEXIS 378 (Mo. 1897).

43 S.W. 786 (City of St. Joseph v. Crowther) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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