Casey v. Wrought Iron Bridge Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Andr&w F. Evans, Judge. (1) The bridge here in controversy was not a public nuisance: the builder of the bridge, therefore, cannot be charged in an action for nuisance with any liability to respond in damages for the injuries inflicted upon respondents by the collapse of the bridge. Tate v. Railroad, 64 Mo-. 149, 155; 7 Am. & Eng. Encv. of Law (2 Ed.), 950; Smiths v. McConathy, 11 Mo. 517, 522; Kirchgraber v. Lloyd, 59 Mo.
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Appeal from Jackson Circuit Court. — Eon. Andr&w F. Evans, Judge. (1) The bridge here in controversy was not a public nuisance: the builder of the bridge, therefore, cannot be charged in an action for nuisance with any liability to respond in damages for the injuries inflicted upon respondents by the collapse of the bridge. Tate v. Railroad, 64 Mo-. 149, 155; 7 Am. & Eng. Encv. of Law (2 Ed.), 950; Smiths v. McConathy, 11 Mo. 517, 522; Kirchgraber v. Lloyd, 59 Mo. App. 59, 62; Cooley on Torts (2 Ed.), 670-671; Paddock v. Somes, 102 Mo-. 226, 227; Transportation Co. v. Chicago, 99 U. S. (9…
1Opinion of the CourtJohnson, J.
Plaintiff while travelling upon a public highway in Kingfisher county, Oklahoma, was injured by the collapse of a bridge over which he and his companions were driving at the time. This action is to recover damages for injuries sustained. The defendants are alleged to be contractors who built the bridge, under contract with the board of county commissioners of Kingfisher county. During progress of the trial plaintiff suffered a compulsory nonsuit as to the defendant Hoover. This appeal is prosecuted by the remaining defendant, The Wrought Iron Bridge Co., against which the plaintiff recovered…
2Cases cited33 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Devlin v. . SmithNew York Court of Appeals · 1882
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Loop v. . LitchfieldNew York Court of Appeals · 1870
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3Cited by49 opinions
- Foley v. the Pittsburgh-Des Moines Co.Supreme Court of Pennsylvania · 1949
- Slavin v. KaySupreme Court of Florida · 1959
- Bogoratt v. Pratt & Whitney Aircraft Co.Supreme Court of Connecticut · 1932
- Kala Investments, Inc. v. SklarDistrict Court of Appeal of Florida · 1989
- Strandholm v. General Construction Co.Oregon Supreme Court · 1963
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