Mize v. Glenn
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) Unless the evidence showed that the land claimed by plaintiff was substantially injured, or depreciated in value, by the alleged overflow of water, he was not entitled to recover, and the court erred in restricting and limiting defendant’s evidence to mitigation of damages only. Luther .v.
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Appeal from the Linn Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) Unless the evidence showed that the land claimed by plaintiff was substantially injured, or depreciated in value, by the alleged overflow of water, he was not entitled to recover, and the court erred in restricting and limiting defendant’s evidence to mitigation of damages only. Luther .v. Winnisimmet Co., 9 Cush. 171, 175; 2 Hilliard on Torts [3Ed.] p. 550; Whitaker’s Smith on Negligence, p. 79 (note); Elliott v. Railroad, 10 Cush. 191; McElroy v. Gdble, 6 Ohio St, 187; Challe v. McAlily, 11 Richardson (S. C.) 153; Pinney…
1Opinion of the Court
Smith, P. J. —
This was an action, brought by plaintiff, to recover against the defendant damages, alleged to have been sustained by plaintiff, by reason of the overflow of his land, and injury thereto, claimed by him to have been occasioned by the cutting of a ditch, by defendant, on his, defendant’s, own land, but which diverted the water that flowed down a natural stream, and passed from such ditch upon plaintiff’s land. The allegations of the plaintiff’s petition were all denied by the defendant’s answer, except that _ the defendant owned the land mentioned in the petition as belonging to…
2Cases cited10 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Musser v. AdlerSupreme Court of Missouri · 1885
- Jones v. HannovanSupreme Court of Missouri · 1874
- State ex rel. Johnson v. DunnSupreme Court of Missouri · 1875
- Reese v. GarthCourt of Appeals of Kansas · 1889
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3Cited by6 opinions
- Robinson v. Moark-Nemo Consolidated Mining Co.Missouri Court of Appeals · 1914
- Rivers v. BlomSupreme Court of Missouri · 1901
- Clay v. BoardMissouri Court of Appeals · 1900
- Henry v. OrearMissouri Court of Appeals · 1904
- Kirby v. Wabash Railway Co.Missouri Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.