¶1I concur in the majority opinion because of the theory upon which the case was brought, tried and submitted. I am of the opinion that plaintiff's suit is grounded upon his constitutional right to compensation for property taken or damaged for public use. His petition prayed for damages to his entire tract of land, and his evidence on that point was directed to the difference in the market value of the entire tract before the flooding and immediately thereafter; his principal instruction submitted that issue as his element of damages. The theory of this case is entirely different from that advanced in Grace v. Union Electric Company, 200 S.W.2d 364; Kennedy v. Union Electric Company,216 S.W.2d 756; and in Cunningham et al. v. Union Electric Company, decided concurrently herewith. *1123
240 Mo. App. 1101
223 S.W.2d 13
Webb v. Union Electric Co.
Decided June 13, 1949
Missouri Court of Appeals · decided 1949-06-13
Relies on Kennedy v. Union Electric Co. · 239 Mo. App. 1210 - Grace v. Union Electric Co.
Good law ✅— No negative treatment on recordhow we know
Decided 1949-06-13
How this case has been cited
Cited by 3 later decisions — most recently March 2002
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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