Wichita & Western Railroad v. Beebe
Supreme Court of Kansas
Error from Sedgwick District Court. Action brought by Beebe Bros, against The Railroad Company, to recover $500 as damages to certain land which they had rented, caused by an overflow of water thereon.
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Error from Sedgwick District Court. Action brought by Beebe Bros, against The Railroad Company, to recover $500 as damages to certain land which they had rented, caused by an overflow of water thereon. In its answer the defendant set up: First, a general denial; second, that the 40 acres mentioned in plaintiffs’ petition were a part of the south half of section 26, in township 27 south, of range 1 west, in said county of Sedgwick, and that on the 17th day of August, 1885, said plaintiffs commenced au action against said defendant to recover damages of said defendant on account of an overflow…
1Opinion of the Court
Opinion by
Holt, C.:
This action was brought by defendants in error in the Sedgwick district court, to recover damages to lands they had rented, by an overflow of water. In their petition they averred that in the spring of 1885 they were cultivating a tract of forty acres off the south side of the southeast quarter of section 26, township 27 south, of range 1 west, Sedgwick county, and had fully prepared to plant corn upon it; that the defendant railroad company had then recently diverted the water of a stream from its natural water-course, in the construction of its road-bed, and dis*469charged it…
2Cases cited10 opinions
- Baird v. United StatesSupreme Court of the United States · 1878
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Hempstead v. City of Des MoinesSupreme Court of Iowa · 1884
- Whitaker v. HawleySupreme Court of Kansas · 1883
- Herriter v. PorterCalifornia Supreme Court · 1863
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3Cited by10 opinions
- McCormick v. McCormickSupreme Court of Kansas · 1910
- Naugle v. NaugleSupreme Court of Kansas · 1913
- Kearny County Bank v. NunnSupreme Court of Kansas · 1943
- Thisler v. MillerSupreme Court of Kansas · 1894
- Lux v. Columbian Fruit Canning Co.Supreme Court of Kansas · 1926
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