Rychlicki v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. Action for damages for collecting surface water by means of a large open ditch and then discharging the water thus collected by-means of two conduits or drains under Page avenue upon plaintiff’s land, in a body.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. Action for damages for collecting surface water by means of a large open ditch and then discharging the water thus collected by-means of two conduits or drains under Page avenue upon plaintiff’s land, in a body. Omitting caption, the amended petition filed February 25, 1890, is as follows: “Plaintiff, by leave of court, files this amended petition herein and for cause of action against defendant states: That he is in fee simple entitled to and in actual possession of and for ten years prior to the year 1880 was so…
1Opinion of the CourtSherwood, J.
On a former occasion this cause was before this court, 98 Mo. 497, where it was held in reversing the judgment of the lower court, that the city would be responsible for collecting surface water into drains, gutters, culverts and conduits and then discharging the water thus accumulated in a body on the land of an adjacent proprietor. But the basis of that ruling was furnished by facts offered to be proved in the trial court, and which that court refused to admit to be proved. The case as now presented differs widely from the hypothetical case aforesaid.
The record has been carefully read, and…
2Cases cited1 opinion
- Rychlicki v. City of St. LouisSupreme Court of Missouri · 1889
3Cited by5 opinions
- Schindler v. Standard Oil Co.Missouri Court of Appeals · 1921
- Martin v. City of St. JosephMissouri Court of Appeals · 1909
- Graves v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1897
- Gleason v. City of KirksvilleMissouri Court of Appeals · 1909
- Bartholomew v. Ward Investment Co.Missouri Court of Appeals · 1928