Phelps v. Cape Girardeau Water Works & Electric Light Co.
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. —Eon. B. G. Bavmey, Judge. (1) In an action for a negligent injury to real estate the rule of damages as generally adopted is to allow the plaintiff the difference between the market value of the land immediately before the injury occurred and a like value immediately after the injury is completed.
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Appeal from Cape Girardeau Court of Common Pleas. —Eon. B. G. Bavmey, Judge. (1) In an action for a negligent injury to real estate the rule of damages as generally adopted is to allow the plaintiff the difference between the market value of the land immediately before the injury occurred and a like value immediately after the injury is completed. But this rule has no application to such nuisances as may be removed the day after the verdict, or for the continuance of which a second or third action may be maintained, or which may be obviated at the instance of the injured party by the order of…
1Opinion of the CourtReynolds, P. J.
Under date of September 19, 1903, plaintiff, about to erect a hotel in the city of Cape Girardeau, obtained an agreement from defendant, in substance following: “On completion of the hotel . . . it is agreed by the Cape Girardeau Water Works and Electric Light Company, party of the first part, and H. C. Phelps, party of the second part, that for and in consideration of the sum of two hundred dollars per annum, payable quarterly, that the Cape Girardeau Water Works and Electric Light Company furnish sufficient water to run an elevator in the building H. C. Phelps is now erecting next to the…
2Cases cited10 opinions
- Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
- Richardson v. McChesneySupreme Court of the United States · 1910
- Dulaney v. BuffumSupreme Court of Missouri · 1903
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Buck's Stove & Range Co. v. American Federation of LaborSupreme Court of the United States · 1911
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3Cited by2 opinions
- Sebree v. RosenSupreme Court of Missouri · 1965
- Smitty's Super Markets, Inc. v. Retail Store Employees Local 322Missouri Court of Appeals · 1982