Mehonray v. Foster
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James H. Slover, Judge. (1) Surface water is a common enemy and appellant owed respondent no such duty Avhen leveling his lot by filling in the rear end, as protection of her property against it. McCormick y. Eailroad, 57 Mo. 437; Hosher v. Eailroad, 60 Mo. 333; Benson y. Eailroad, 78 Mo. 504; Stewart v. Clinton, 79 Mo. 603; Abbott v. Eailroad, 83 Mo. 271; Hoesten y. Hensath, 16 Mo. App. 485; Collier v. Eailroad, 48 Mo.
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Appeal from Jackson Circuit Court. — Eon. James H. Slover, Judge. (1) Surface water is a common enemy and appellant owed respondent no such duty Avhen leveling his lot by filling in the rear end, as protection of her property against it. McCormick y. Eailroad, 57 Mo. 437; Hosher v. Eailroad, 60 Mo. 333; Benson y. Eailroad, 78 Mo. 504; Stewart v. Clinton, 79 Mo. 603; Abbott v. Eailroad, 83 Mo. 271; Hoesten y. Hensath, 16 Mo. App. 485; Collier v. Eailroad, 48 Mo. App. 398; Gray v. Schreiber, 58 Mo. App. 173; Ready v. Railroad, 98 .Mo. App. 467. (2) Neither is appellant responsible for the soil…
1Opinion of the CourtBroaddus, P. J.
This is a suit to recover damages for the alleged wrongful act of defendant in causing surface water and debris to overflow plaintiff’s property. The plaintiff is the owner of a part of lot twenty-six in Highbury Park Kansas City, which fronts east on Myrtle avenue. The defendant is the owner of lot twenty-five in said block which fronts west on Mersington avenue. A line running north and south divides the property of the respective parties, there being no alley between them. Prior to the controversy there was a ditch about three feet wide and two feet in depth near the said dividing line…
2Cases cited2 opinions
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1874
- Ready v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
3Cited by12 opinions
- Looney v. HindmanSupreme Court of Missouri · 1983
- Anderson v. Inter-River Drainage & Levee DistrictSupreme Court of Missouri · 1925
- Camden Special Road District of Ray County v. TaylorMissouri Court of Appeals · 1973
- M.H. Siegfried Real Estate v. City of IndependenceSupreme Court of Missouri · 1983
- Minton v. SteakleyMissouri Court of Appeals · 1971
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