Van Trump v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circnit Court. — Hon. D. E. Bird, Judge. (1) Appellant had a right to connect with the private sewer which ran over private ground, and the city cannot defend its wilful tortious acts by 'pleading that appellant is a trespasser upon property of a third person, a stranger to the city. Reed v. Price, 30 Mo. 442; Levy v. McClintock, 141 Mo. App. 600; Barberick v. Anderson, 45 Mo.
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Appeal from Jackson Circnit Court. — Hon. D. E. Bird, Judge. (1) Appellant had a right to connect with the private sewer which ran over private ground, and the city cannot defend its wilful tortious acts by 'pleading that appellant is a trespasser upon property of a third person, a stranger to the city. Reed v. Price, 30 Mo. 442; Levy v. McClintock, 141 Mo. App. 600; Barberick v. Anderson, 45 Mo. App. 272. (2) The city will not be excused by pleading that appellant’s damages were sustained on account of his making an improvident connection with a sewer, knowing that it would cause him damage,…
1Opinion of the CourtTrimble, J.
Plaintiff sued Kansas City for damages sustained by the alleged wrongful choking of a private sewer, with which plaintiff’s property was connected, whereby the sewage therein was hacked up into plaintiff’s basement causing him to lose rent on his building, to expend money in removing the sewage and in endeavoring to keep it out, and damaging him in other particulars. The sewer was built merely to carry off sewage from the houses connected therewith and was not sufficient to take care of surface water. The choking was alleged to have been caused by the city connecting to said sewer certain…
2Cases cited8 opinions
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Hart v. City of NeillsvilleWisconsin Supreme Court · 1909
- Buckley v. City of New BedfordMassachusetts Supreme Judicial Court · 1891
- Koeppen v. City of SedaliaMissouri Court of Appeals · 1901
- Robinson v. City of DanvilleSupreme Court of Virginia · 1903
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3Cited by2 opinions
- Proper v. City of IndependenceMissouri Court of Appeals · 1959
- Martinovich v. City of Sugar CreekMissouri Court of Appeals · 1981