Kansas City, Pittsburg & Gulf Railroad v. Williams
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern district. William M. Springeb, Judge. Action by J. L. W. Williams against the Kansas City, Pittsburg & Gulf Railroad Company to recover damages resulting from overflow of water. Judgment in favor of the plaintiff. Defendant appeals.
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Appeal from the United States Court for the Northern district. William M. Springeb, Judge. Action by J. L. W. Williams against the Kansas City, Pittsburg & Gulf Railroad Company to recover damages resulting from overflow of water. Judgment in favor of the plaintiff. Defendant appeals. This is an action brought by the plaintiff, appellee here, to recover from the railway company damages claimed to have been sustained by him by reason of the overflow of water on his farm, caused, as is alleged, by the improper and negligent construction of the railroad, whereby a large amount of surface water,…
1Opinion of the CourtClayton, C. J.
Release oí damages. The contract of release of damages executed by plaintiff to defendant had the effect only to release the company from all damages resulting from a proper construction of the railroad and therefore, before the plaintiff can recover any damages, it must be shown that the company was negligent in the construction of its railroad through the premises in question. It is not sufficient for the plaintiff to show that he has been damaged, but he must establish by a preponderance of the testimony that there was negligence in the construction of the road through his premises,…
2Cases cited9 opinions
- International & Great Northern Railroad v. HallorenTexas Supreme Court · 1880
- Columbus & Western Railway Co. v. BridgesSupreme Court of Alabama · 1888
- Simpson v. City of KeokukSupreme Court of Iowa · 1872
- Gulf, Colorado & Santa Fe Railway Co. v. PoolTexas Supreme Court · 1888
- Libby v. Maine Central RailroadSupreme Judicial Court of Maine · 1892
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