Legal Opinion

Kansas City & Emporia Railroad v. Riley

Supreme Court of Kansas

Decided January 15, 1885PublishedCited by 10 opinions

Error from Lyon Distriet Court. Action by Joseph Biley against The Kansas City & Em-poria Bailroad Company, brought July 17, 1883, to recover $300, as damages for the obstruction of an alleged watercourse by reason of the construction of an embankment upon the right-of-way of the railroad company, and upon which its railroad was built. Trial at the September Term, 1883, before the court and a jury.

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Error from Lyon Distriet Court. Action by Joseph Biley against The Kansas City & Em-poria Bailroad Company, brought July 17, 1883, to recover $300, as damages for the obstruction of an alleged watercourse by reason of the construction of an embankment upon the right-of-way of the railroad company, and upon which its railroad was built. Trial at the September Term, 1883, before the court and a jury. The jury returned a verdict for the plaintiff, and assessed his damages at the sum of $85, and also returned the following findings of fact: “1. Was not the Atchison, Topeka & Santa Fé road…

1Opinion of the Court

The opinion of the court was delivered by

HortoN, C. J.:

This was an action to recover damages resulting from obstructing the flow of surface-water from its alleged natural course. The vital question in the case is whether, under the evidence, the plaintiff below was entitled to recover damages. We think not. The common law, as modified by constitutional and statutory law, judicial decisions, and the condition and wants of the people, is in force in this state in aid of the general statutes. Therefore the doctrine of the common law, with respect to the obstruction and flow of mere…

2Cases cited5 opinions

  1. Livingston v. McDonaldSupreme Court of Iowa · 1866
  2. Hoyt v. City of HudsonWisconsin Supreme Court · 1871
  3. Palmer v. WaddellSupreme Court of Kansas · 1879
  4. Atchison, Topeka & Santa Fé Railroad v. HammerSupreme Court of Kansas · 1879
  5. Bentz v. ArmstrongSupreme Court of Pennsylvania · 1844

3Cited by10 opinions

  1. Morrissey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1893
  2. Rait v. FurrowSupreme Court of Kansas · 1906
  3. Drake v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
  4. Rowe v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
  5. Marshall v. Wichita & Midland Valley RailroadSupreme Court of Kansas · 1915

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