Ranney v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas.— Eon. Benj. F. Davis, Judge. (1) The Northcut Cypress, before the construction of the ditch through it, never was a watercourse. It was a cypress marsh, densely covered with grass, cypress knees, brush and timber, and called by some of the witnesses a “jungle.” Byrne v. Railroad, 47 M'o. App. 383; Jones v. Railroad, 18 Mo. App. 251; Benson v. Railroad. 78 Mo. 504; Railroad v. Schneider, 30 Mo.
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Appeal from Cape Girardeau Court of Common Pleas.— Eon. Benj. F. Davis, Judge. (1) The Northcut Cypress, before the construction of the ditch through it, never was a watercourse. It was a cypress marsh, densely covered with grass, cypress knees, brush and timber, and called by some of the witnesses a “jungle.” Byrne v. Railroad, 47 M'o. App. 383; Jones v. Railroad, 18 Mo. App. 251; Benson v. Railroad. 78 Mo. 504; Railroad v. Schneider, 30 Mo. App. 620; 2 Farnham on Waters and Watercourses, p. 1562, sec. 459; 30 Am. and Eng. Enc. Law (2 Ed.), pp. 347-357; Brandenberg v. Ziegler (S. C.), 55 L.…
1Opinion of the CourtGoode, J.
(after stating the facts). — 1. This action is founded on the statute which makes it the duty of every railroad, company or corporation, owning and operating a railroad in this State, or constructing one, to cause to be constructed and maintained in three months after the completion of the same through any county, suitable ditches and drains along each side of the roadbed to connect with ditches, drains or watercourses, so as to afford sufficient outlet to drain and carry off the water along the railroad, wherever the draining of such water has been obstructed or rendered necessary by the…
2Cases cited15 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Ligare v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1897
- Cox v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
- Munkres v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1880
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3Cited by7 opinions
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- Grimes v. St. Louis & Southwestern Railway Co.Missouri Court of Appeals · 1914
- Pace v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1913
- Dick v. ShannonMissouri Court of Appeals · 1980
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