71 Mo. 449 | Mo. | 1880
This is a suit instituted by plaintiff as the owner of a certain lot in the city of Hannibal for the recovery of damages for injuries thereto, occasioned, as is alleged in the petition, by the negligence of defendant in turning and changing the channel of Bear Creek, a running stream of water in said city. The petition, after setting
It was admitted On the trial that, under the ordinance of defendant authorizing and providing for straightening and changing the channel of said Bear creek, the city had taken all the necessary steps to condemn the land, on to which the new channel of said creek was to be changed, and had paid for the land thus condemned. The evidence offered on the trial and as supplementary to this admission tended to show that the city, to consummate the object sought to be accomplished by the ordinance, arranged with the Hannibal & Central Missouri Railroad Company to excavate the earth from the land condemned for the purpose of opening a new channel for said creek and use the same in constructing the embankment for its road-bed through said city; that McKenney & Townley, who were sub-con