Smith v. City of Sedalia
Supreme Court of Missouri
Appeal from Johnson Circuit Court . — Hon. W. A, Jarrotb, Judge. (1) Defendant had the right to construct the sewer-in question so that it would discharge itself into the stream naturally draining the territory covered hy the sewer districts. Mining Co. v. Joplin. 124 Mo. 136..
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Appeal from Johnson Circuit Court . — Hon. W. A, Jarrotb, Judge. (1) Defendant had the right to construct the sewer-in question so that it would discharge itself into the stream naturally draining the territory covered hy the sewer districts. Mining Co. v. Joplin. 124 Mo. 136.. (2) The only restriction upon this right is that defendant must not discharge its sewer into such stream, if plaintiff’s lands will he injured thereby, without compensating him for damages he may suffer. Mining Co.. v. Joplin, 124 Mo. 135; Yan De Yere v. Kansas City, 107 Mo. 90. (3) Two juries in two different counties…
1Opinion of the CourtValliant, J.
Plaintiff sues the defendant city for damages for having constructed and for maintaining a system of sewers through which the sewage of the city is emptied into a creek that flows through the plaintiff’s farm, polluting the water of the creek, and infecting the air, thereby rendering the plaintiff’s farm less *6valuable and less enjoyable as a place of residence or occupation.
The answer of tbe defendant pleads a prescriptive right to use the creek as an outlet for its sewers, and denies that the sewage pollutes the water or in anywise injures the plaintiff’s property.
This is the second appeal…
2Cases cited2 opinions
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Joplin Consolidated Mining Co. v. City of JoplinSupreme Court of Missouri · 1894
3Cited by27 opinions
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1933
- Shelley v. Ozark Pipe Line CorporationSupreme Court of Missouri · 1931
- Stewart v. City of SpringfieldSupreme Court of Missouri · 1942
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