Legal Opinion

City of Kansas City v. Brady

Supreme Court of Kansas

Decided July 15, 1893PublishedCited by 11 opinions

Error from, Wyandotte District Court. This action was brought by the defendant in error, as plaintiff below, against the city of Kansas City and the Orchard Place Land Company, to recover for damages to plaintiff’s buildings, occasioned by an overflow of the waters of Splitlog creek. Splitlog creek is crossed by Tenney avenue. The grade line of said avenue, as established by the city authorities, ran about 35 feet above the channel of Splitlog creek.

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Error from, Wyandotte District Court. This action was brought by the defendant in error, as plaintiff below, against the city of Kansas City and the Orchard Place Land Company, to recover for damages to plaintiff’s buildings, occasioned by an overflow of the waters of Splitlog creek. Splitlog creek is crossed by Tenney avenue. The grade line of said avenue, as established by the city authorities, ran about 35 feet above the channel of Splitlog creek. In order to provide for the passage of the water across this street, the city constructed a brick culvert, or “sewer” as it is called in this…

1Opinion of the Court

The opinion of the court was delivered by

AlleN, J.:

The theory of the plaintiff was that the construction of the covered water way was the joint act of the city and the Orchard Place Land Company; that the whole structure should be treated as one entire thing, and that both defendants are liable for any defects in its construction; that the city engineer, as a representative of the city, planned the work; and that the city is responsible not only for any defects in the construction of that part which was built and paid for by the city, but of that which the Orchard Place Land Company…

2Cases cited1 opinion

  1. Bryant v. Bigelow Carpet Co.Massachusetts Supreme Judicial Court · 1881

3Cited by11 opinions

  1. City of Kansas City v. SlangstromSupreme Court of Kansas · 1894
  2. Gesualdi v. Connecticut Co.Supreme Court of Connecticut · 1945
  3. Johnson v. City of Winston-SalemSupreme Court of North Carolina · 1954
  4. City of Kansas City v. BradySupreme Court of Kansas · 1894
  5. Normile v. City of BallardWashington Supreme Court · 1903

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