Brash v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Instructions 1 and 2, given for plaintiff, were erroneous in authorizing the jury to find against defendant, although the sewer in question burst in consequence of an extraordinary and unusual rainfall.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Instructions 1 and 2, given for plaintiff, were erroneous in authorizing the jury to find against defendant, although the sewer in question burst in consequence of an extraordinary and unusual rainfall. The city was not bound to provide against a danger of this character; its obligation was merely to maintain' a sewer of sufficient capacity and strength to withstand the force and power of ordinary storms. Elori v. St. Louis, 69 Mo. 341; Turner v. Haar, 114 Mo. 335. (2) Instruction 1 is not consistent within itself,…
1Opinion of the CourtBrace, J.
This is an appeal from a judgment of the St. Louis City Circuit Court, in favor of the plaintiff, for the sum of $650 for damages to her premises and personal property, caused by the bursting of Rocky Branch sewer, and the overflow of water therefrom, on the twenty-seventh of May, 1896.
The errors assigned for reversal are the giving of instructions numbered 1, 2 and 3 for the plaintiff, and the refusal to give defendant’s instructions numbered 6 and 7.
The defense was that the bursting of the sewer was caused 'by the act of God, manifested in an “unusual and unexpected rainfall and flow of…
2Cases cited8 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Turner v. HaarSupreme Court of Missouri · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- National Mfg. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1954
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Florida Power & Light Co. v. BridgemanSupreme Court of Florida · 1938
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- State Ex Rel. City of St. Charles v. HaidSupreme Court of Missouri · 1930
22 more not listed; retrieve them via the Exa API.