Brown v. Scruggs
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. D. H. Cecil, Judge. A municipal corporation is liable for nuisances committed, permitted or maintained by it upon its own property, in. tbe same way and to tbe same extent as a private individual. 21 Am. and Eng. Ency. of Law (2 Ed.), p. 717; 20 Am. and Eng. Ency. of Law (2 Ed.), p. 1191, 1205; “Cyc.,” vol. 28, p. 1293; Torpey v. Independence, 24 Mo. App. 288; Booth v. Fulton, 85 Mo. App. 19; Whitfield v. Carrollton, 50 Mo.
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Appeal from Jackson Circuit Court. — Hon. D. H. Cecil, Judge. A municipal corporation is liable for nuisances committed, permitted or maintained by it upon its own property, in. tbe same way and to tbe same extent as a private individual. 21 Am. and Eng. Ency. of Law (2 Ed.), p. 717; 20 Am. and Eng. Ency. of Law (2 Ed.), p. 1191, 1205; “Cyc.,” vol. 28, p. 1293; Torpey v. Independence, 24 Mo. App. 288; Booth v. Fulton, 85 Mo. App. 19; Whitfield v. Carrollton, 50 Mo. App. 102; Bul-master v. St. Joseph, 70 Mo. App. 68; Ivie v. McMuni-gal, 66 Mo. App. 437; McKenna v. St. Louis, 6 M'o. App. 320;…
1Opinion of the CourtJohnson, J.
Plaintiff sued to recover damages resulting from an injury to his property caused by a nuisance set up and maintained in a public street of Kansas City. At the trial,' he dismissed defendant Rosamond A. Scruggs from the action, and proceeded against defendant city. At the conclusion of his evidence, the court peremptorily instructed a verdict for defendant. Plaintiff took a nonsuit, with leave to move to set the same aside, and in due course brought the case to this court by appeal. The facts of the case are as follows:
In 1906, plaintiff owned real property on Grand avenue at Twenty-third…
2Cases cited6 opinions
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- Blaisdell v. City of PortlandSupreme Judicial Court of Maine · 1855
- Torpey v. City of IndependenceMissouri Court of Appeals · 1887
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3Cited by2 opinions
- Roth v. City of St. JosephMissouri Court of Appeals · 1912
- Sherwood v. Worth County Drainage District Number OneSupreme Court of Missouri · 1923