Buschelberg v. Chicago, Burlington & Quincy Railroad

WOLFE, Commissioner.

This is an action to recover damages caused by flood waters flowing through an underpass in the right of way of defendant’s railroad embankment. The trial was to the court and resulted in a finding and judgment for the plaintiff from which the defendant has appealed.

The general area with which we are concerned is the low flood plain of the Missouri and Mississippi Rivers near their confluence. This area is peninsular in shape and about seven miles in length, bounded by the waters of the Missouri on the south and by the waters of the Mississippi on the north, as the…