Young v. City of Kansas
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. James-H. Slover, Judge. Statement of case by the court. This was an action to recover damages caused- to the-property of the female plaintiff by the defendant obstructing the free flow of the water of a natural stream. The obstruction consisted of a culvert, built in the stream, where one of the defendant’s streets crossed the same,, insufficient in size to carry off the water of the stream.
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Appeal from Jackson Circuit Court, Hon. James-H. Slover, Judge. Statement of case by the court. This was an action to recover damages caused- to the-property of the female plaintiff by the defendant obstructing the free flow of the water of a natural stream. The obstruction consisted of a culvert, built in the stream, where one of the defendant’s streets crossed the same,, insufficient in size to carry off the water of the stream. The answer was a general denial first, and then it set np the following defence : “ For its second defence herein, the defendant states that, at the times the…
1Opinion of the Court
I
Hall, J.
The ordinance directing the construction of the culvert authorized the city engineer to determine its dimensions. The point is made by defendant’s counsel, that it was the duty of the common council.to have provided, by ordinance, what the dimensions of the culvert should be, and that the ordinance in question delegated the power of the common council in that respect to the engineer, and thereby relieved the defendant of all liability on account of the construction of the culvert. This contention of counsel is based upon the following provisions of defendant’s charter: “The common…
2Cases cited8 opinions
- Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Imler v. City of SpringfieldSupreme Court of Missouri · 1874
- Mootry v. Town of DanburySupreme Court of Connecticut · 1878
- Rose v. City of St. CharlesSupreme Court of Missouri · 1872
- Hinds v. City of MarshallMissouri Court of Appeals · 1886
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3Cited by7 opinions
- Corrington v. KalicakMissouri Court of Appeals · 1959
- Boggess v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- City of Atlanta v. TrussellCourt of Appeals of Georgia · 1917
- City of Globe v. ShuteArizona Supreme Court · 1921
- City of Atlanta v. TrussellCourt of Appeals of Georgia · 1917
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