Kerns v. City of Kansas City

Citations

• 79 Kan. 562
• 100 P. 624
• 1909 Kan. LEXIS 240

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>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.</p> <p>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.</p>