Home/Missouri Court of Appeals/Powell v. City of Excelsior Springs

Powell v. City of Excelsior Springs

120 S.W. 106, 138 Mo. App. 121, 1909 Mo. App. LEXIS 361
CourtMissouri Court of Appeals
DecidedMay 3, 1909
StatusPublished
Cited by1 cases

This text of 120 S.W. 106 (Powell v. City of Excelsior Springs) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Powell v. City of Excelsior Springs, 120 S.W. 106, 138 Mo. App. 121, 1909 Mo. App. LEXIS 361 (Mo. Ct. App. 1909).

Opinion

BROADDUS, P. J.

— The plaintiff complains of the action of the defendants in obstructing certain streets in the defendant city.

The main facts are thus: The plaintiff is the owner of lot No. 1 and twenty feet off the east side of lot No. 2 in block No. 1 of the city of Excelsior Springs. The defendants, Fannie L. and James R. Holman, are the owners of lots No. 1 and 2 in block 14 in said city. Plaintiff's lot fronts and abuts on the north for a distance of sixty feet on Bluff street, which runs east and west, and on the east abuts for a distance of seventy feet on Elizabeth street, which runs north and south and intersects with Bluff street. Both streets have been dedicated to the use of the public. Bluff street, as laid out, is forty feet wide and Elizabeth street is of the same width. The property and streets described are located on the side of a somewhat steep hill. The hill descends from the north to the south and runs in an easterly and westerly direction. The plaintiff's property is on the south and below Bluff street and west of Elizabeth street, while that of defendants is north and above Bluff street and west of Elizabeth street.

The defendants Holman, with the permission of the city, erected a retaining wall lengthwise of Bluff street in front of plaintiff’s property, which wall extended east into Elizabeth street for a distance of 26.7 feet, from thence it was extended north to a line corresponding with [124]*124the north line of Bluff street. The defendants also constructed a series of steps at the intersection of the two streets, but altogether on Elizabeth street, beginning 6 1-4 feet south of the north line of Bluff street, and which were about six feet wide and descending fourteen in number to a landing, thence east ten in number to a landing, thence south five in number, and terminating several feet south of said retaining wall. The retaining wall divided Bluff street sio that twenty-six feet was north and about- fourteen feet south of .the wall, and about the same amount of space was left on Elizabeth street on the south, but a somewhat less distance on the east. We have not tried to be exact in these figures, but think they are approximately correct.

In going east on the northern division of Bluff street, a traveler would encounter the steps mentioned at the intersection of Elizabeth street except the six feet space between the north end of defendants’ steps and the north line of Bluff street. The roadway on the south of the wall is restricted to (as stated) about fourteen feet in width and on the east as the traveler goes north to about thirteen feet. A diagram used at the trial is here attached which will serve to give a proper understanding of the location.

The wall in question ranges from two to fifteen feet in height and consists of stone.

The defendants have erected a large building on their property called the Castle Bock Hotel, which faces Bluff street. The only practical purpose for which the roadAvay on the north of the wall can be used is for access to plaintiff’s house as the exit east into Elizabeth street is about six feet wide. And the steps erected on Elizabeth street can serve no other purpose except as a passage to and from the Holman house and except incidentally to foot-passengers who may desire to go farther up the hill.

The defendants Holman, to justify the acts complained of, introduced an ordinance of the city, which [126]*126was passed on the 11th day of October, 1900. This ordinance provided for a change of grade of the north twenty-four feet of Bluff street to. the intersection of Elizabeth street. And it was recited in this ordinance that no grade should be established for the south side of said street. The Holmans graded the street and erected the wall at their own expense, which they were granted permission to do by a resolution of the council. A similar ordinance was passed to establish the grade on Elizabeth street. The change made on Elizabeth street is the retaining wall and the steps leading to the Holman house.

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Related

City of Jackson Ex Rel. Cape County Savings Bank v. Houck
43 S.W.2d 908 (Missouri Court of Appeals, 1931)

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Bluebook (online)
120 S.W. 106, 138 Mo. App. 121, 1909 Mo. App. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-city-of-excelsior-springs-moctapp-1909.