City of St. Louis v. Gurno
Supreme Court of Missouri
APPEAL FROM ST. LOUIS COURT OF COMMON PLEAS. STATEMENT OP THE CASE. This was an action on the case brought by the plaintiff against the defendant to recover damages which plaintiff claims he sustained by reason of certain improvements made by the defendant in the grading, paving, &c., of certain public streets in the city of St. Louis, and which improvements caused the overflow of plaintiff’s premises in times of heavy rains, and no adequate means of carrying off said water…
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APPEAL FROM ST. LOUIS COURT OF COMMON PLEAS. STATEMENT OP THE CASE. This was an action on the case brought by the plaintiff against the defendant to recover damages which plaintiff claims he sustained by reason of certain improvements made by the defendant in the grading, paving, &c., of certain public streets in the city of St. Louis, and which improvements caused the overflow of plaintiff’s premises in times of heavy rains, and no adequate means of carrying off said water were provided by the city. Damages were laid at $2000. To this action ihe defendant pleaded the statutory plea of the…
1Opinion of the Court
Judge Narton
delivered the opinion of the court.
The only question presented by this record, is whether the city of St. Louis is liable to an action for damages consequential upon the grading and paving of a street, directed by the city authorities in pursuance of an ordinance authorized by the city charter. The declaration in this case charged that the work was done so negligently that the water, which before the improvement of the street passed off by a natural channel, was thrown upon the plaintiff’s premises, and overflowed his cellars, and otherwise greatly impaired the value of…
2Cases cited4 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
- Green v. Borough of ReadingSupreme Court of Pennsylvania · 1840
- Chesnut Hill & Spring House Turnpike Co. v. RutterSupreme Court of Pennsylvania · 1818
3Cited by25 opinions
- Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- St. Louis, Keokuk & Northwestern Railroad v. Knapp-Stout & Co.Supreme Court of Missouri · 1901
- Thurston v. City of St. JosephSupreme Court of Missouri · 1873
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
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