Beauchamp v. Taylor
Missouri Court of Appeals
Appeal from Pike Circuit Court. — No». David N. Eby, Judge. (1) There is no denial of the fact that respondent knew when he bought the “Shipp” forty-acre tract that the levee in controversy was there. He admits it. The levee was built in 1897; respondent did not purchase until 1900. He, therefore, took the land with all the encumbrances thereon, and with the levee constructed upon the land in the condition in which it was at the time of the purchase.
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Appeal from Pike Circuit Court. — No». David N. Eby, Judge. (1) There is no denial of the fact that respondent knew when he bought the “Shipp” forty-acre tract that the levee in controversy was there. He admits it. The levee was built in 1897; respondent did not purchase until 1900. He, therefore, took the land with all the encumbrances thereon, and with the levee constructed upon the land in the condition in which it was at the time of the purchase. North Vernon v. Voegles, 103 Ind. 314; Stodghill v. Railroad, 53 Iowa 341; Railroad v. Maher, 91 111. 312; Clark’s Admr. v. Railroad, 36 Mo.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. It is well-settled law in this State that the owner of lower or servient ground may, if he chooses, lawfully obstruct or divert the natural flow of surface water, may turn it back, or off, or over the lands of other proprietors, without liability for such obstruction. [Applegate v. Franklin, 109 Mo. App. 293, 84 S. W. 347, and cases cited.] On the other hand, it is equally well settled that any obstruction to the flow of water in a natural watercourse, resulting in injury to another person, furnishes a good cause of action for the resulting damages, however…
2Cases cited5 opinions
- McFern v. GardnerMissouri Court of Appeals · 1906
- Cox v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
- Webb v. CarterMissouri Court of Appeals · 1906
- Applegate v. FranklinMissouri Court of Appeals · 1904
- Edwards v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1902
3Cited by6 opinions
- Happy v. KentonSupreme Court of Missouri · 1952
- Kelso v. C. B. K. Agronomics, Inc.Missouri Court of Appeals · 1974
- East St. Johns Shingle Co. v. City of PortlandOregon Supreme Court · 1952
- Johnson v. LeazenbyMissouri Court of Appeals · 1919
- Scott v. City of MarshallMissouri Court of Appeals · 1929
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