De Mayo v. Kansas City
Decision Date | 01 March 1919 |
Docket Number | No. 11812.,11812. |
Citation | 210 S.W. 380 |
Parties | DE MAYO v. KANSAS CITY. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Jackson County; James H. Slover, Judge.
Action by Frank De Mayo against Kansas City. Judgment for plaintiff was affirmed by the Court of Appeals, and the case is certified to the Supreme Court. Affirmed.
A. F. Evans and A. F. Smith, both of Kansas City, for appellant.
Joseph F. Aylward and Calvin & Rea, all of Kansas City, for respondent.
This suit was instituted in the circuit court of Jackson county by the plaintiff to recover of the defendant the sum of $299.50 damages done to his premises and furniture, through the alleged negligence of the latter in flooding the same with water.
The plaintiff had judgment for $289.50, and the defendant duly appealed the cause to the Kansas City Court of Appeals. The latter court affirmed the judgment, one of the judges dissenting, because in his opinion the judgment was in conflict with the law as announced by this court in the case of Cassidy v. St. Joseph, 247 Mo. 197, 152 S. W. 306, and on that account the cause was certified to this. court. The cause has been submitted to this court upon the same briefs and arguments that were used in the Court of Appeals.
After a careful consideration of the cause, in our opinion the majority opinion of the. Court of Appeals correctly declared the law of the case, and we adopt it as the opinion of this court. Formal parts omitted, it reads as follows:
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