Kelly v. City of Cape Girardeau

This appeal comes in the course of a long controversy between plaintiff, Frank Kelly, and the defendant City of Cape Girardeau and its officers over the question of the abatement of a private nuisance heretofore adjudged to exist by reason of the inadequacy of the drains and outlets installed by the city to carry away the surface water which accumulates from time to time in the immediate vicinity of plaintiff's property.

It was in 1919 that plaintiff brought his original suit in the Cape Girardeau Court of Common Pleas against the city and its officers to have a nuisance declared to exist and…