City of Atchison v. Challiss
Supreme Court of Kansas
Error from Atchison District Court. Challiss, Drury & Co., merchants, brought suit against 'the city to recover damages for injuries sustained to their goods.
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Error from Atchison District Court. Challiss, Drury & Co., merchants, brought suit against 'the city to recover damages for injuries sustained to their goods. The petition alleged that— “In October 1870, and for a long time prior thereto, the plaintiffs were the possessors of a certain house and tenement, with a cellar under the same, situated on the east half of lot ’No. 11, in block No. 15 in the city of Atchison, on the north side of Commercial street, and between Fifth and Sixth ■streets, in which they carried on -the business of general wholesale grocers, and in the cellar of which said…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This action was brought for damages to certain goods caused by the accumulation of surface-water in the cellar of defendants in error, plaintiffs below. The only errors complained of are those supposed to have been committed by the court in charging and in refusing to charge the jury. For this reason only, so much of the evidence as it was supposed would show the relevancy of the instructions-given, and those refused, has been brought to this court. The verdict of the jury was a general verdict, and no special findings of fact were made.…
2Cases cited4 opinions
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
- Dermont v. MayorMichigan Supreme Court · 1857
3Cited by25 opinions
- Brown v. Wichita State UniversitySupreme Court of Kansas · 1975
- Gould v. City of TopekaSupreme Court of Kansas · 1884
- Martinez v. CookNew Mexico Supreme Court · 1952
- Gillison v. City of CharlestonWest Virginia Supreme Court · 1880
- City of Denver v. CapelliSupreme Court of Colorado · 1877
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