McCord Rubber Co. v. St. Joseph Water Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court . — Hon. W. K. James, Judge. (1) As water was not needed or used upon August’s premises and as the' service-pipe was left exposed to the elements so that the water was likely to freeze, hurst the pipe, escape and do damage to the neighboring premises, the case is within the principle laid down in Rylands v. Fletcher, 4 Hurl. & C. 263, 3 H. L. 330. The water was likely to do mischief because it was- likely to escape.
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Appeal from Buchanan Circuit Court . — Hon. W. K. James, Judge. (1) As water was not needed or used upon August’s premises and as the' service-pipe was left exposed to the elements so that the water was likely to freeze, hurst the pipe, escape and do damage to the neighboring premises, the case is within the principle laid down in Rylands v. Fletcher, 4 Hurl. & C. 263, 3 H. L. 330. The water was likely to do mischief because it was- likely to escape. "When August notified the water company to turn off the water, both August and the company knew that it was unnecessary to allow the water…
1Opinion of the CourtValliant, J.
This is an action for damages for the flooding of plaintiff’s cellar with water, whereby a large quantity of its goods stored in the cellar were damaged.
*685The cause of action stated in the petition is as follows:
The plaintiff, a business corporation, occupies a house No. Ill South Third street, in the city of St. Joseph, in which it carries on the business of a wholesale dealer in rubber and felt footwear. One Pierce owned the building adjoining, No. 109, which was rented to, and at the date of the injury complained of was occupied by, defendant August, who was a merchant and who used it as a…
2Cases cited6 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Reno v. JarrellSupreme Court of Missouri · 1901
- State v. BatySupreme Court of Missouri · 1902
- Griffith v. LewisMissouri Court of Appeals · 1885
- Murphy v. GillumMissouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Harry and Florence Kelley v. Natl. Lead Co.Missouri Court of Appeals · 1948
- Pacific Northwest Bell Telephone Co. v. Port of SeattleWashington Supreme Court · 1971
- City of Richmond v. Hood Rubber Products Co.Supreme Court of Virginia · 1937
- North Little Rock Transportation Co. v. FinkbeinerSupreme Court of Arkansas · 1967
- Interstate Sash & Door Co. v. City of ClevelandOhio Supreme Court · 1947
10 more not listed; retrieve them via the Exa API.