Kerns v. City of Kansas City
Kerns v. City of Kansas City
Opinion of the Court
The opinion of the court was delivered by
The plaintiff in error brought an action against the city of Kansas City, Kan., to recover damages from the city'for constructing and maintaining a grade and culvert across a street and across Jersey creek in such city. It is alleged that Jersey creek is a natural watercourse, and that the culvert is inadequate to discharge the water flowing down the creek in times
The verdict and judgment necessarily imply a finding by the jury, approved by the court, that the culvert in question was negligently and improperly constructed and maintained by the city, and that the plaintiff’s property was flooded and damaged through such negligence. The plaintiff’s two dwelling-houses, with the out-buildings, board walks, etc.; were injured, but were not destroyed.
There are two well-known rules for determining his actual loss or actual damage: (1) The difference in the value of the property immediately before and immediately after the injury; (2) the reasonable cost of putting the property in as good condition as it was before the injury, together with the loss of rent, if any,, during the necessary time consumed in making the repairs. These two methods of procedure should generally lead to the same result, if, as there should not be, no depreciation in value is allowed for the probable or possible recurrence of the overflow. It is not to be-presumed that the city will continue to maintain an insufficient culvert, or, if it does and the overflow recurs,, that the plaintiff would be without a remedy.
If the plaintiff has in part repaired the injury, the reasonable cost of such repairs, with the additional sum necessary to complete the same, or the difference
Reference
- Full Case Name
- John W. Kerns v. The City of Kansas City
- Cited By
- 9 cases
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT. 1. Damages—Overflow of Property Caused by the Negligence of, Another. The measure of damages to a residence property which has been overflowed through the negligence of another is (1) the difference in the valúe of the property immediately before and imediately after the overflow, no allowance to be made for the possible or probable recurrence of the overflow; or, (2) if the injury to a building can be made good by repairs, then the reasonable cost of necessary repairs, with the loss of rent incident thereto added; or, (3) if reasonable repairs have been made but the building has not been, or can not be, restored thereby to its former value, then the measure of damages may be the .difference between the value thereof immediately before the overflow and after the repairs are made, with the reasonable cost of repairs and incidental loss of rent added. 2. -- Evidence. In an action to recover damages the plaintiff is entitled to prove his loss under any proper theory as to the measure thereof.