Haney v. City of Kansas
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. Tubnee A. G-ill, Judge. (1) Where a loss or injury happens j,n any way through the agency of man, it cannot be considered the act of God ; nor even if the act or negligence of man contributes to bring the property or goods under the operation of natural causes can the defendant be excused.
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Appeal from Jaclcson Circuit Court. — Hon. Tubnee A. G-ill, Judge. (1) Where a loss or injury happens j,n any way through the agency of man, it cannot be considered the act of God ; nor even if the act or negligence of man contributes to bring the property or goods under the operation of natural causes can the defendant be excused. To constitute a justifying or exculpatory excuse for the defendant, the “ aet of God,” or vis divina, must be the sole and immediate cause of the injury. If there be any cooperation óf man, or any admixture of human means, the injury is not, in a legal sense, the “…
1Opinion of the CourtBlaok, J.
This is a suit for damages to the foundation walls of the plaintiff’s building, and for the loss of the use of his cellar, and for the destruction of property stored therein, occasioned, it is alleged, by negligence *336on the part of the defendant in allowing the curbing, guttering, and sidewalk near the premises to become and. remain out of repair, and by reason of which water ran into the cellar. The verdict was for defendant, and the-plaintiff appealed.
Error is assigned only in the refusal of the court to-give the plaintiff’s third and fourth instructions. The third in substance told the jury…
2Cases cited4 opinions
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Rodgers v. Central Pacific RailroadCalifornia Supreme Court · 1885
3Cited by10 opinions
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Brash v. City of St. LouisSupreme Court of Missouri · 1901
- Cooper v. 804 Grand Bldg. Corp.Supreme Court of Missouri · 1953
- Grier v. St. Louis Merchants Bridge Terminal Railway Co.Missouri Court of Appeals · 1904
- Coleman v. Kansas City, St. Joseph & Council Bluffs RailroadCourt of Appeals of Kansas · 1889
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