Lewis v. City of Springfield
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. Alfred, Page, Judge. (1) Municipal corporations are only liable for negligence of tbeir servants and agents in grading and changing of grades of its streets when same is dune by authority of an ordinance, and the passage of an ordinance can only be proved by the record. Stewart v. City of Clinton, 79 Mo. 610; Sheehan v. Gleeson, 46 Mo. 100; 1 Dillon, Munic. Corp., 310; 1 Greenleaf, Ev.
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Appeal from Greene Circuit Court. — Eon. Alfred, Page, Judge. (1) Municipal corporations are only liable for negligence of tbeir servants and agents in grading and changing of grades of its streets when same is dune by authority of an ordinance, and the passage of an ordinance can only be proved by the record. Stewart v. City of Clinton, 79 Mo. 610; Sheehan v. Gleeson, 46 Mo. 100; 1 Dillon, Munic. Corp., 310; 1 Greenleaf, Ev. (14 Ed.), 86. (2) The law places no duty on defendant to construct any drains whatever to take care of surface water. Imler v. Springfield, 55 Mo. 119; 30 A. and E.…
1Opinion of the CourtNixon, P. J.
This was an action for damages commenced before a justice of the peace arising out of the alleged failure on the part of the city of Springfield to properly grade its streets, whereby a large quantity of surface water was so collected as to cause it to be thrown upon respondents’ lot by reason of the insufficiency of the gutter provided. From a judgment for two hundred and fifty dollars, the city appealed to the circuit court, where, upon a trial by jury, respondents obtained a verdict for fifty dollars. The case is here on the appeal of the city. The facts will appear in the opinion.
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2Cases cited6 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Householder v. City of KansasSupreme Court of Missouri · 1884
- Imler v. City of SpringfieldSupreme Court of Missouri · 1874
- Rychlicki v. City of St. LouisSupreme Court of Missouri · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Haferkamp v. City of Rock HillSupreme Court of Missouri · 1958
- Clark v. City of SpringfieldMissouri Court of Appeals · 1951
- Rebel v. Big Tarkio Drainage District of Holt CityMissouri Court of Appeals · 1980
- Corrington v. KalicakMissouri Court of Appeals · 1959
- Grant v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.