Douglass v. Stephens
Supreme Court of Missouri
•Appeal from Boone Circuit Court. This was an action for damages to tbe goods of tbe plaintiff in tbe cellar of his store, alleged to have been caused by tbe obstruction of a sewer by the servants of tbe defendant.
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•Appeal from Boone Circuit Court. This was an action for damages to tbe goods of tbe plaintiff in tbe cellar of his store, alleged to have been caused by tbe obstruction of a sewer by the servants of tbe defendant. It appeared that the plaintiff had a store on the north side of Broadway, in the town of Columbia, and that the defendant had a store nearly opposite, on the south side of the street; that there was a public sewer, constructed by the municipal authorities, leading from the north to the south side of Broadway, through which the water flowed, and that there was a gutter running in…
1Opinion of the CourtScott, Judge
1. There are but two questions involved in this controversy, which are deemed of any consequence. The first is, whether, in case of a tort, if the injured party can protect himself from *366damage, at a trifling expense, or by any reasonable exertions, be is bound to do so ? It is not maintained, that tbe want o£ diligence in tbe person injured, will take away bis right of action for tbe wrong, but that tbe rule only extends to such damages as might have been prevented by tbe reasonable exertions of tbe party complaining. For tbe direct and consequential damages caused by an injury, tbe party…
2Cited by23 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- City of St. Louis v. BrownSupreme Court of Missouri · 1900
- Fletcher v. City of IndependenceMissouri Court of Appeals · 1986
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