Kelly v. City of Cape Girardeau

The Springfield Court of Appeals certified this cause to us for determination. It was the unanimous opinion of that court that its opinion was in conflict with an opinion of the St. Louis Court of Appeals in the case of. Bird v. Railroad, 30 Mo. App. 365, and the Kansas City Court of Appeals in Steiglider v. Missouri Pacific Ry. Co., 38 Mo. App. 511.

The action is one for damages resulting from the overflow of respondent’s property during heavy rains. The overflows are alleged to have been caused by the grading, curbing and guttering of the street in front of respondent’s dwelling by the…