Woods v. City of Kansas
Missouri Court of Appeals
Appeal from the Jackson Circiút Court. — Hon. James Gibson, Judge. (1) Surface water that does not flow in any defined channel, under the common law and the law of this state is a common enemy and a city may fight it from its streets as best it can and is not liable for injury caused by its flow being changed.
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Appeal from the Jackson Circiút Court. — Hon. James Gibson, Judge. (1) Surface water that does not flow in any defined channel, under the common law and the law of this state is a common enemy and a city may fight it from its streets as best it can and is not liable for injury caused by its flow being changed. Such a damage is damnum absque injuria. .McCormick v. Railroad, 57 Mo. 433, 437; Abbot v. Id., 83 Mo. 271; Jones v. Railroad, 84 Mo. 151; Moss v. Railroad, 84 Mo. 86; Martin 'v. Benoist, 20 Mo. App. 262; Field v. Railroad, 29 Mo. App. 68; Schneider v. Railroad, 29 Mo. App. 468; Cooley…
1Opinion of the CourtGill, J.
In June, 1888, the plaintiff owned a block of houses at the southwest corner of Highland avenue and Thirteenth street, Kansas City. They were in course of construction but nearly completed. At that time there was a heavy rain and the water from the street ran into the basement of' the block and seriously damaged the building. It was for this injury *277plaintiff sued the city, basing the responsibility on its alleged negligence in permitting the catch basins at that street corner to become filled up and obstructed by dirt and debris, so that the surface water which flowed to that point could not…
2Cases cited1 opinion
- Updike v. City of St. LouisSupreme Court of Missouri · 1887
3Cited by9 opinions
- Fletcher v. City of IndependenceMissouri Court of Appeals · 1986
- Benton v. City of St. LouisSupreme Court of Missouri · 1913
- Klaber v. Kansas City, MissouriMissouri Court of Appeals · 1929
- True v. MAYOR ETC. OF WESTERNPORTCourt of Appeals of Maryland · 2001
- Springfield Crystallized Egg Co. v. Springfield Ice & Refrigerating Co.Supreme Court of Missouri · 1914
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