Pope v. Boyle
Supreme Court of Missouri
Appeal from St. Louis Qity Circuit Court. — Hon. A. M. Thayer, Judge. The trial court erred in declaring the law to be that the defendant could not be held liable for the damages sustained, until he had notice of the defect, and then only for the subsequent damages which might or did ensue.
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Appeal from St. Louis Qity Circuit Court. — Hon. A. M. Thayer, Judge. The trial court erred in declaring the law to be that the defendant could not be held liable for the damages sustained, until he had notice of the defect, and then only for the subsequent damages which might or did ensue. Hylands v. Fletcher, L. R. 3. H. L. 330; Fletcher v. Smith, L. R. 7 Exch. 305 ; Smith v. Kenwiclc, 7 C. B. 515 ; Baird v. Williamson, 15 C. B. (N. S.) 376; Broder v. Saillard, 2 Ch. D. 292; Lambert v. Bessey, Sir T. Raymond, 421; Tenant v. Golding, 1 Salk. 360 ; Humphreys v. Cousins, 2 C. P. Div. 239 ;…
1Opinion of the CourtBlack, J.
— This was a suit for damages occasioned by filth and foul water escaping from a privy, on the defendant’s lot, to and through the basement wall of plaintiff’s building.
Plaintiff and defendant own separate parcels of ground in the same block in the city of St. Louis, which are separated in the rear by a private alley three feet in width, and which alley is wholly on the land of defendant. Plaintiff erected upon his property a large building, known as Pope’s Theater, in the year 1884. The *529rear of the building is on the line between plaintiff and the defendant; and the basement at that point is…
2Cases cited2 opinions
- Owings v. JonesCourt of Appeals of Maryland · 1856
- Grogan v. Broadway Foundry Co.Supreme Court of Missouri · 1885
3Cited by4 opinions
- Shippey v. Kansas CitySupreme Court of Missouri · 1913
- Dow v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1906
- Sheehan & Loler Transportation Co. v. SimsMissouri Court of Appeals · 1889
- Reinhardt v. HolmesMissouri Court of Appeals · 1910