Temple v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from the Lewis Circuit Court. — Son. Edwin B. McKee, Judge. Defendant’s demurrer to the evidence should have been sustained.
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Appeal from the Lewis Circuit Court. — Son. Edwin B. McKee, Judge. Defendant’s demurrer to the evidence should have been sustained. It was conceded by all witnesses who professed any knowledge upon the subject that plaintiff’s premises were low, flat, bottom lands, and subject to overflow, and that the overflow would have happened just the same whether defendant’s bridge was .there or not, and that there was an extraordinary and unusual flood on the night of July 4, 1897. Therefore, the defendant could not be held liable because it is apparent that the immediate and proximate cause of the…
1Opinion of the CourtBland, P. J.
Respondent sued for damages to Ms growing garden crop on lots in the city of Hannibal, occasioned by an overflow, which he alleges was caused by the negligent construction, by appellant of its bridge over Mills Creek in said city. The premises overflowed and its surroundings as near as we are able to- describe them, are about as follows: The defendant’s road runs east and west through the city of Hannibal; the railroad track adjacent to and north of respondent’s premises is laid on a dump or fill; the respondent’s premises are a part of some low. lands lying immediately south of the roadbed;…
2Cited by2 opinions
- State v. ColemanMissouri Court of Appeals · 1904
- State v. StuartMissouri Court of Appeals · 1906