Carroll v. Little River Drainage District
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas.— Hon. John A. Snider, Judge. (1) A drainag’e district is liable for the-negligence or unwarranted acts of its agents or employees in the performance of an authorized duty. Hunt v. Boonville, 65 Mo. 620; Dooley v. The City of Kansas, 82 Mo. 444; Worley v. Columbia, 88 Mo. 106; Quinn v. Schneider, 118 Mo.
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Appeal from Cape Girardeau Court of Common Pleas.— Hon. John A. Snider, Judge. (1) A drainag’e district is liable for the-negligence or unwarranted acts of its agents or employees in the performance of an authorized duty. Hunt v. Boonville, 65 Mo. 620; Dooley v. The City of Kansas, 82 Mo. 444; Worley v. Columbia, 88 Mo. 106; Quinn v. Schneider, 118 Mo. App. 39; Ely v. St. Louis, 181 Mo. 723. (2) A drainage district acquiring right-of-way by condemnation takes only an easement in the land condemned and not the fee, and the owner of the fee has the right to nse the right-of-way so condemned for…
1Opinion of the CourtAllen, P. J.
— Plaintiff is the owner of a tract of land in Stoddard county, lying within the boundaries of the defendant, the Little River Drainage District, a drainage district incorporated in 1907 by a decree of the circuit court of Butler county under the provisions of an act of the Legislature of 1905 (Laws 1905, p. 180). The right-of-way for one of the ditches of the defendant district, ditch No. 37, was condemned through the southeastern part of plaintiff’s land. Little River flows approximately from north to south in this locality; and plaintiff’s land lies west thereof. Ditch No. 37 begins on the…
2Cases cited5 opinions
- Hunt v. City of BoonvilleSupreme Court of Missouri · 1877
- Kitchen v. GreenabaumSupreme Court of Missouri · 1875
- Rothwell v. GibsonMissouri Court of Appeals · 1906
- Stillwell v. DuncanCourt of Appeals of Kentucky · 1898
- Wright v. BrownMissouri Court of Appeals · 1912