Corrigan v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jas. H. Blover, Judge. (1) Plaintiffs’ damages, if any, should have been confined to injuries to the land. Davis v. Railroad, 119 Mo. 188; Clinkenbeard v. St. Joseph, 122 Mo. 613; Hulett v. Railroad, 80 Mo'. App. 87. (2) It is the duty of one sustaining damages by reason of the act of another to use all reasonable exertion to protect himself and avert as far as practicable the injurious consequences of such acts.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Jas. H. Blover, Judge. (1) Plaintiffs’ damages, if any, should have been confined to injuries to the land. Davis v. Railroad, 119 Mo. 188; Clinkenbeard v. St. Joseph, 122 Mo. 613; Hulett v. Railroad, 80 Mo'. App. 87. (2) It is the duty of one sustaining damages by reason of the act of another to use all reasonable exertion to protect himself and avert as far as practicable the injurious consequences of such acts. Douglas v. Stephens, 18 Mo. 365; Hartshorn v. County of Worcester, 113 Mass. Ill; Kansas City v. Morton, 117 Mo. 159. (1) The first…
1Opinion of the CourtSmith, P. J.
The petition alleged in substance that while the plaintiffs were erecting a number of buildings on a certain lot owned by them, situate on the west side of Holmes street between Twenty-fifth and Twenty-sixth streets in defendant city, the surface water collected in said Holmes street in front of plaintiff’s lot and from there ran upon said lot of plaintiffs, and against said buildings and thereby injured the same — depriving plaintiffs of the use thereof and delaying them in completing said buildings, etc. It was therein further alleged that the injuries to said lot and buildings were…
2Cases cited4 opinions
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Wheeler v. R. L. McDonald & Co.Missouri Court of Appeals · 1898
- Rice ex rel. Owen v. ArnoldMissouri Court of Appeals · 1894
3Cited by5 opinions
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- Flynn v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Price v. DavisMissouri Court of Appeals · 1915
- Gibson v. Bailey Co.Missouri Court of Appeals · 1905
- Chicago Lumber & Coal Co. v. Georgia Southern & Florida Railway Co.Missouri Court of Appeals · 1905