Torpey v. City of Independence
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Tujrnek. A. Gill, Judge. The case is stated in the opinion. I. The petition does not state a cause of action against defendant, and its objection to the admission of any testimony under it should have been sustained and also its motion in arrest of judgment; and its instruction in the nature of a demurrer to the evidence should have been given.
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Appeal from Jackson Circuit Court, Hon. Tujrnek. A. Gill, Judge. The case is stated in the opinion. I. The petition does not state a cause of action against defendant, and its objection to the admission of any testimony under it should have been sustained and also its motion in arrest of judgment; and its instruction in the nature of a demurrer to the evidence should have been given. See Imler v. City of Springfield, 55-Mo. 119 ; Benson v. Railroad, 78 Mo. 504; Stewart ®. City of Clinton, 79 Mo. 603 ; Abbott v. Railroad, 83 Mo. 272. II. The court erred in giving the instruction asked by…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages ■alleged to have been sustained by plaintiff in consequence of the defendant, a municipal corporation, wrongfully and negligently permitting the Missouri Pacific Railroad Company to construct and maintain in front of plaintiff’s hotel property, situated on one of defendant’s public streets, a sidetrack, above the grade of *292the street, whereby the surface water flowing from adjacent lands was caused to overflow and inundate plaintiff’s said property, and' to fill his cellar, etc. The damages were laid at one thousand dollars.
The plaintiff recovered judgment…
2Cases cited8 opinions
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Mayor of Cumberland v. WillisonCourt of Appeals of Maryland · 1878
- Stack v. City of East St. LouisIllinois Supreme Court · 1877
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3Cited by4 opinions
- Roth v. City of St. JosephMissouri Court of Appeals · 1912
- McCarroll v. Kansas CityMissouri Court of Appeals · 1896
- Brown v. ScruggsMissouri Court of Appeals · 1910
- Jackson v. Chicago, S. F. & C. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1890