Martin v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. Ohesley A. Mosmcm, Judge. (1) The gravamen of the charge was negligence. The plaintiff recovered, as shown by the instructions, on the ground of a nuisance. There is marked, distinction between causes of action based upon nuisance and those grounded in negligence. 1 Thompson on Negligence, sec. 1188; Dickinsen v. New York, 28 Hun 256; Casey v. Bridge Co., 114 Mo.
Read the full summary
Appeal from Buchanan Circuit Court. — Eon. Ohesley A. Mosmcm, Judge. (1) The gravamen of the charge was negligence. The plaintiff recovered, as shown by the instructions, on the ground of a nuisance. There is marked, distinction between causes of action based upon nuisance and those grounded in negligence. 1 Thompson on Negligence, sec. 1188; Dickinsen v. New York, 28 Hun 256; Casey v. Bridge Co., 114 Mo. App. 60. (2) The petition fails to state the cause of action, if it should be construed as predicated upon a nuisance maintained. There is no allegation that the defendant city maintained…
1Opinion of the CourtBroaddus, P. J.
This is a suit by plaintiff for damages to his property caused by the acts of the defendants in obstructing a natural watercourse. There *319is running into and through the city of St. Joseph a natural watercourse, which crosses Jule street between Twenty-eighth and Twenty-ninth streets. In the year 1889, before the territory in the locality mentioned was within the city limits, a fair association in constructing its race track made a fill in the stream, in which was placed a culvert about five feet in diameter which was sufficient to carry off the water under ordinary conditions. Afterwards, the…
2Cases cited3 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Rychlicki v. City of St. LouisSupreme Court of Missouri · 1893
3Cited by11 opinions
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Clark v. City of SpringfieldMissouri Court of Appeals · 1951
- Corrington v. KalicakMissouri Court of Appeals · 1959
- Harper v. JohannesenIdaho Supreme Court · 1962
- City of Poplar Bluff v. KnoxMissouri Court of Appeals · 1966
6 more not listed; retrieve them via the Exa API.