American and English Corporation Cases; A Collection of All Corporation Cases, Both Private and Municipal (Excepting Railway Cases), Decided in the Courts of Last Resort in the United States, England, and Canada Volume 41

American and English Corporation Cases; A Collection of All Corporation Cases, Both Private and Municipal (Excepting Railway Cases), Decided in the Courts of Last Resort in the United States, England, and Canada Volume 41

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ... is B d r that the notice given to Sells did not inform him, ', '::, ', that the proposed change of the grade of the street ovnnernutnotb in front of his property was to be lowered, but did "=1 "frhflusfl acquaint him with the fact that it was to be """' slightly raised, and this was in effect a notice to him that his property would not be materially injured by such change. When the change was made, however, and the street made_ to conform thereto, it was found that'the street in front of his buildings was lowered I8 inches. The city, therefore, did not give him notice of what they intended to do, nor did the city authorities conform to the terms of the notice given. Appraisers were appointed to assess the damages, and they acted in accordance with the terms of the notice, and in there report say that on the west side of Kansas avenue, south from the corner of Fourth street, " the proposed grade will conform to existing improvements," and report no damages; so that it is plain that the question of the amount of damages to the property of Sells, by lowering the grade of the street in front of his buildings about I8 inches, was never submitted to the appraisement required by the statute, or ever entered the minds of the appraisers, and that this was caused by the neglect of the city authorities, or by their arbitrary change after the report of the appraisers had been made" In any event Sells had no notice or intimation that so injurious a change of grade was either contemplated or was to be made until work on the street began to indicate the extent of the alteration in the grade. l The controlling question, therefore, in this case is, Has there been such an omission of duty upon the part of...show more

Product details

  • Paperback | 314 pages
  • 189 x 246 x 17mm | 562g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236753879
  • 9781236753878