Collier v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in sustaining the demurrer to plaintiff’s first count, and the evidence in support of sanie. Abbott v. Railroad, 83 Mo. 271, 280, 281; McCor- ■ mick v. Railroad, 57 Mo. 433, 437; Young v. Commissioners, 25 N. E. Eep. (111.) 689; Jones v. Hanover, 53 Mo. 462;. Benson v. Railroad, 78 Mo. 504, 512; Schneider v. Railroad, 29 Mo. App. 68; Burke v. Railroad, 29 Mo.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in sustaining the demurrer to plaintiff’s first count, and the evidence in support of sanie. Abbott v. Railroad, 83 Mo. 271, 280, 281; McCor- ■ mick v. Railroad, 57 Mo. 433, 437; Young v. Commissioners, 25 N. E. Eep. (111.) 689; Jones v. Hanover, 53 Mo. 462;. Benson v. Railroad, 78 Mo. 504, 512; Schneider v. Railroad, 29 Mo. App. 68; Burke v. Railroad, 29 Mo. App. 370. The act of the defendant in damming it at the northeast corner of plaintiff’s land and on the wrong side of the ditch, was not a mere…
1Opinion of the CourtSmith, P. J.
This is a suit to recover damages for the overflow of the plaintiff’s lands caused by the backing up of surface water from the defendant’s roadbed. The petition contained two counts. The first count charged that defendant in the building and improving of said railroad so negligently built the embankment of earth (on which their cars run), and so high without any waterways, sluices, ditches or other means of escape for water, that said roadbed' forms a dam for a long distance southwest of plaintiff’s said land, so that by reason thereof whenever it rains in considerable and *401large' quantities…
2Cases cited7 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Moss v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1884
- Schneider v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Jones v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chicago & Alton Railroad v. TranbargerSupreme Court of the United States · 1915
- Franklin v. DurgeeSupreme Court of New Hampshire · 1901
- Gray v. SchriberMissouri Court of Appeals · 1894
- Pace v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1913
- Kenney v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.