Kerns v. City of Kansas City

The opinion of the court was delivered by

Smith,- J.:

The plaintiff in error brought an action against the city of Kansas City, Kan., to recover damages from the city'for constructing and maintaining a grade and culvert across a street and across Jersey creek in such city. It is alleged that Jersey creek is a natural watercourse, and that the culvert is inadequate to discharge the water flowing down the creek in times *563of heavy rains; that in May, 1905, during an ordinarily heavy rain, the water flowing down the creek was, by reason of the embankment and inadequate culvert,' dammed up and caused…