Bell v. Alzey Realty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. W. B. Homer, Judge. The evidence clearly discloses that the Alzey Realty Company exercised ordinary prudence and care in the construction of its buildings, spouts and gutters and is consequently not liable to plaintiff for any damage sustained by the latter; the damage, if any, sustained by the latter is damnum absque injuria. Miller v. "Wilson, 104 111. App>. 556; G-ould v. McKenna, 86 Pa.
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Appeal from St. Louis City Circuit Court. — Row. W. B. Homer, Judge. The evidence clearly discloses that the Alzey Realty Company exercised ordinary prudence and care in the construction of its buildings, spouts and gutters and is consequently not liable to plaintiff for any damage sustained by the latter; the damage, if any, sustained by the latter is damnum absque injuria. Miller v. "Wilson, 104 111. App>. 556; G-ould v. McKenna, 86 Pa. St. 297; Meister v. Lang, 28 111. App. 642; Barry v. Peterson, 48 Mich. 263. If one constructs his building so as to cast water therefrom upon the land of…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff through the negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
A jury was waived and the issue tried before the court. The subject-matter of the controversy relates to the manner in which defendant maintained a gutter on its building, causing water to flow therefrom upon a wall of plaintiff’s building. It appears plaintiff owns a lot and a brick building situate thereon at No. 4107 Olive street, St. Louis, and defendant owns the next adjacent building and lot on the west of plaintiff’s property, which is numbered…
2Cases cited6 opinions
- Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
- State v. GreenwadeSupreme Court of Missouri · 1880
- Hooten v. BarnardMassachusetts Supreme Judicial Court · 1884
- Sheedy v. Union Press Brick WorksMissouri Court of Appeals · 1887
- State v. DeMosseSupreme Court of Missouri · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Farmer's Mutual Fire Insurance Co. v. FarmerMissouri Court of Appeals · 1990
- Beane v. St. Joseph and Inv. Co.Missouri Court of Appeals · 1923