James v. City of Kansas
Citations
- 83 Mo. 567
Syllabus
<p>1. Trespass : limitations. An action for trespass on real estate must be commenced, within five years after the cause of action has accrued.</p> <p>2. -: -. Where the trespass is permanent in its character and the damage is complete on the occurrence of the original act of trespass the statute begins to run from that time.</p> <p>3. Continuing Trespass : prescription. Even in case of a continuing nuisance or trespass, where every such continuance is regarded as affording a new cause of action, the action must be brought before the defendant has acquired a prescriptive right to commit the trespass or to maintain the nuisance by the lapse of such a period as bars plaintiff’s entry upon the land.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “the test of adequacy of any charge is whether, taken as a whole, it fairly presented the case to the jury in such a manner that no injustice was done to the legal rights of the litigants”
- “But if the jury determined that the plaintiff’s arthritis was ‘a proximate cause’ of her wrist fusion, then the defendant’s actions could not possibly have been ‘the proximate cause.’” (emphases omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Ewing
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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