Smith v. City of Sedalia
Supreme Court of Missouri
Appeal from Moniteau Circuit Court . — Hon. W. H. Martin, Judge. (1) The first point of the city that the nuisance complained of is a permanent injury and that all damages must in consequence thereof be recovered in one action has been heretofore adjudicated and put at rest in Smith v. City, 152 Mo. 300; and further the statement to the effect that the sewer was completed in Oetober, 1893, is erroneous, as it appears from tbe record that districts 10; 11, 15> and 16, were…
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Appeal from Moniteau Circuit Court . — Hon. W. H. Martin, Judge. (1) The first point of the city that the nuisance complained of is a permanent injury and that all damages must in consequence thereof be recovered in one action has been heretofore adjudicated and put at rest in Smith v. City, 152 Mo. 300; and further the statement to the effect that the sewer was completed in Oetober, 1893, is erroneous, as it appears from tbe record that districts 10; 11, 15> and 16, were added to the system from May 28,1894, to July 18,1898; and the plaintiff, having sued for loss of rent's with a count in…
1Opinion of the CourtPerriss, J.
The following statement of facts is taken from the opinion of the Kansas City Court of Appeals rendered in this cause at the April term, 1912:
“The cause of action alleged in the petition is the wrongful pollution of a natural watercourse which runs through plaintiff’s farm of four hundred acres, just north of Sedalia. The cause of the pollution is sewage from the city collected by defendant’s system of sewers and discharged into the stream from the mouth of the main sewer at a point about 200 yards from the south boundary of plaintiff’s farm. The length of the stream through the farm is about…
2Cases cited11 opinions
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Doyle v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1892
- Joplin Consolidated Mining Co. v. City of JoplinSupreme Court of Missouri · 1894
- Smith v. City of SedaliaSupreme Court of Missouri · 1904
- Clemens v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- McDaniel v. City of CherryvaleSupreme Court of Kansas · 1913
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Higday v. NickolausMissouri Court of Appeals · 1971
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
26 more not listed; retrieve them via the Exa API.