Guaranty Savings & Loan Ass'n v. City of Springfield

This case comes to the writer on reassignment. It was certified to this Court by the Springfield Court of Appeals because of a dissent of one of its judges. [See 113 S. W. (2d) 147.] That court affirmed the judgment of the trial court in awarding damages in the sum of $3665.90 to a mortgagee for consequential damages caused by a viaduct constructed by appellant in a street, abutting property upon which respondent had a mortgage for which appellant had made a settlement with the mortgagor who was in possession.

We will adopt the facts as stated by the Court of Appeals:

“ J. S. Hively was the…