King v. City of Kansas City
Supreme Court of Kansas
Error from Wyandotte Court of Common Pleas. Hon. T. P. Anderson, Judge. This action was brought by James King and Nina King against the City of Kansas City to recover damages in the sum of $3,171 alleged to have been sustained by the discharge of sewage upon their property in that city. It is alleged that, in 1889, the City constructed sewers through the part of the city in which the plaintiffs’ land is situated.
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Error from Wyandotte Court of Common Pleas. Hon. T. P. Anderson, Judge. This action was brought by James King and Nina King against the City of Kansas City to recover damages in the sum of $3,171 alleged to have been sustained by the discharge of sewage upon their property in that city. It is alleged that, in 1889, the City constructed sewers through the part of the city in which the plaintiffs’ land is situated. Among other things, the petition alleges : “In the construction and maintenance of the said sewers by said City, defendant was negligent, careless and unskillful, and damaged the…
1Opinion of the CourtJohnston, J.
We think the City is answerable to the plaintiffs for the damages resulting from the precipitation of the sewage and river water upon their premises. Although their buildings were erected upon low ground, the rim of the high land along the river effectually confined the water therein, and protected the plaintiffs’ property from the overflow of the river in rainy seasons and when freshets occurred. It seems that there is but little fall in the land toward the river in that portion of the City, and that the sewers are so constructed that in case of high water the sewage and river water flow…
2Cases cited5 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Tate v. City of St. PaulSupreme Court of Minnesota · 1894
- Lehn v. City of San FranciscoCalifornia Supreme Court · 1884
- City of North Vernon v. VoeglerIndiana Supreme Court · 1882
3Cited by23 opinions
- Clark v. City of SpringfieldMissouri Court of Appeals · 1951
- Bruce ex rel. Bruce v. City of Kansas CitySupreme Court of Kansas · 1929
- City of Chickasha v. LooneySupreme Court of Oklahoma · 1912
- City of Kansas City v. KingSupreme Court of Kansas · 1902
- Foster v. Capital Gas & Electric Co.Supreme Court of Kansas · 1928
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