Gleason v. City of Kirksville
Missouri Court of Appeals
Error to Adair Circuit Court.— Eon. Nat. M. Shelton, Judge. (1) It was immaterial whether the culvert was put in by ordinance or not. The petition alleges that the city permitted it to be erected, it stood by, and permitted it to be erected on property that it had the exclusive care and control of, and its officers and agents had knowledge of the nuisance. The city by its mayor and council is given the exclusive care and control of its streets.
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Error to Adair Circuit Court.— Eon. Nat. M. Shelton, Judge. (1) It was immaterial whether the culvert was put in by ordinance or not. The petition alleges that the city permitted it to be erected, it stood by, and permitted it to be erected on property that it had the exclusive care and control of, and its officers and agents had knowledge of the nuisance. The city by its mayor and council is given the exclusive care and control of its streets. E. S. 1899, sec. 5858. Laws of Missouri, 1901, p. 63. (2) Having the exclusive care and control of the street, the city would he liable for permitting…
1Opinion of the CourtEllison, J.
This action is for damages alleged' to have been caused by the defendant, a city of the third class, constructing a grade by a fill and insufficient culvert in one of its streets, whereby the surface water was collected and became foul and offensive and whereby, at times of rain, it would be discharged over plaintiff’s abutting property. At the close of the trial the jury was directed to find for the defendant.
There was no ordinance of the city council directing the construction of the work in the street and plaintiff claims that it was on that ground the trial court directed a verdict. The…
2Cases cited4 opinions
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Martinowsky v. City of HannibalMissouri Court of Appeals · 1889
- Koeppen v. City of SedaliaMissouri Court of Appeals · 1901
- Rychlicki v. City of St. LouisSupreme Court of Missouri · 1893
3Cited by5 opinions
- Bigelow v. City of SpringfieldMissouri Court of Appeals · 1914
- McKeever v. KramerMissouri Court of Appeals · 1920
- Proper v. City of IndependenceMissouri Court of Appeals · 1959
- Van Trump v. Kansas CityMissouri Court of Appeals · 1915
- Bartholomew v. Ward Investment Co.Missouri Court of Appeals · 1928