Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-03-08
ERROR OF THE CITY.
CANNOT A AN INDIVIDUAL FOR
HIS BENEFIT ALONE.
TAX BILLS HELD TO BE VOID.
NUMBER OF IMPORTANT OPINIONS
By THE COURT OF APPEALS.
City Is Liable for Accidents ON Side
walks Due to NeEligence-Rail-
Road Companies Must Pay
for Damages Caused
by Sparks.

The Kansas City court of appeals handed
down opinions yesterday in a number OF
important cases.
One of the most Interesting decisions made
by the court was in the case of Duston
Adams against Media F. Green. The city
passed an ordinance providing for the
constructing of sidewalks of artificial stone.
stone tagging or vitrified brick on both
sides of Brooklyn avenue from the north
side of Independence avenue to the south
side of Aimee street. The ordinance per-
mitted the property owners to build the
walks in front of their W property OF
any one of the three materials specified.
and some did SO.
Mrs. Green owned property on the street
and it was necessary to build a costly re-
tanning wall in front of her property to
support the sidewalk. After it was fin
tshed the city engineer and board OF pub
lie works, in arriving at the amount 10 DC
charged against Mrs. Green. took the ex-
act cost of the walk in the immediate front
of her property, and added to it the entire
cos, of the retaining wall and issued tax
bills against her property for the entire
amount. The tax bills were bought by
Adams. Mrs. Green refused to pay. tie
sned her and she defeated him in the lower
colrt. He appealed and the appellate court
decided in her favor. and IN aoing SO salI:
I'm our opinion the trial court properly
held the bills void. The plain direction Oh
the CITY charter is that when any walk mas
been completed the cost OF 1ne VIE e. ac.
be apportioned among the several iots &c,
cording to its frontage. Ihai means 'na1
The cost of the whole walk shall be ap-
portioned. This case illustrates the Wis
49,, NJ Tho charter DrON1SlOQ. TOT piC-
eumably, the whole walk was JusI as w. a..
liable TO the property hooters ai00naSSt to
nme the very UNEQUAL burden on her prop
erty by charging 1t with the puilolng oi q
wall. such wall ahsr being noEti 2%ss of Of the e walk as
to her lots. Frequently lots ne. IN sue q
way that an expensive ViaducI must Ne
nr inst to suppose that its entire cSst would
be charged against the abutting AG Tis o nne
city cannot tax a single man .or 1nS nf
benefit alone: but II can taX sioup "
citizens for their joint beneht.
.g.inst Kansas City by Giovanni MancNso;
He was injured by falling through a nn
hole in front of Peter M ssG ms s sitT and
eat judgment. The city appealed on the
Ground that Madsen was liable because II
was his hole in the sidsWaik ana ~ ~ sa
81 y 10 9e ESQ : II saws it is true that Madsen
was liable because when a property owner
places something in or ro ny of 0g the te him.
such as a coal hole. he becomes chatseu
with the duty to see that the piace LUZ p
used is maintained in a safe condition But
the city has control of the streets and side-
walks and the duty falls upon 1t primarily
to keep the ~, IN i a IgnsIta Obtained
b. Mancuso against the city was just a"U
legal.
In the suit of the Hartford Fire Insurance
Company against the Wabash Rallway
Company the court reversed tne Iuosrhhs ah
of the circuit court of this county. wnica
was in favor of the railway company, ana
remanded the cause to the trial court with
i faTar Of the Insurance tU Company. The his
tory of the case is interesting: JONI bur
russ owned a warehouse at Miami statlon,
this county, and had 1t insured with the
Hartford company. 1t caught fire from a
shark from a Wabash locomotive and the
INSURANCE company paid S,d him n. Its 5s; agr nee
company sued the railway company 70 re-
cover the amount, under a law whlcn
losses to property from fires caused by its
locomotive sparks. The railroad company
hastened to pay Burruss the amount of his
loss and got a release from him, and in
court claimed that that settled its liability
in the matter. But the court OF appeals
saws that the railroad company was too
hasty in paying BurruSs and now 1t must
also pay the insurance company
The court affirmed the Judgment Of $3.50
which Reinhold and Anna Curth obtained
against Kansas City.
The full list of opinions handed down by
the court follows:
BY SMITH, P. ].
American Central Insurance Company VS.
Chicago & Alton Railway Company; APP
peal from Jackson county circuit court;
affirmed.
Sarah Walker VS.. city Of sedalia; appeal
from Pettis county: affirmed.
Waitman NJ. Morgan VS.. National Pump
Company; appeal from Jackson county; re.
versed.
Jewell Pure Water Company VS.. Kansas
City Towel and Laundry Company and
Hardness & Russell; appeal from Jackson
county: reversed.
p. w. DeMoss VS. Economy Furniture ant
Carpet Company; appeal from Jackson
county: reversed with directions.
American Central Insurance Company VI