Murphy v. Gillum
Missouri Court of Appeals
Appeal from, the Pike Circuit Court. — Hon. Reuben E. Roy, Judge. Having a legal right to construct and maintain a pond on his own premises, defendant is only answerable in damages in case he negligently constructs and maintains it. Kosher v. B. B., 60 Mo. 329; Muri Jeers v. R. B., Id. 334; 24 Am. and Eng. Ency. Law, 904, 911; Gray v. McWilliams, 32 Pac. Rep.
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Appeal from, the Pike Circuit Court. — Hon. Reuben E. Roy, Judge. Having a legal right to construct and maintain a pond on his own premises, defendant is only answerable in damages in case he negligently constructs and maintains it. Kosher v. B. B., 60 Mo. 329; Muri Jeers v. R. B., Id. 334; 24 Am. and Eng. Ency. Law, 904, 911; Gray v. McWilliams, 32 Pac. Rep. (Oal. 1893) 976. The seepage from the pond being surface water, the owner of the servient estate had a right to resist its entry upon his premises, and could lawfully force it back from whence it came. Kosher v. B. B., supra; Ablott v.…
1Opinion of the CourtBiggs, J.
The lands of the plaintiff and defendant join. The defendant is the owner of the dominant estate.. There is a slight depression in the surface of the land beginning on the defendant’s premises and extending through those belonging, to plaintiff. Prior to the ownership of either, the grantor of the defendant constructed a pond on his premises at the head of the depression. The defendant has maintained the pond. The embankment is near the line dividing the properties. It is claimed by the plaintiff that there is a continuous seepage of water from the pond; that the water thus escaping flows…
2Cases cited3 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Everett v. Hydraulic Flume Tunnel Co.California Supreme Court · 1863
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- McCord Rubber Co. v. St. Joseph Water Co.Supreme Court of Missouri · 1904
- Schindler v. Standard Oil Co.Missouri Court of Appeals · 1921
- South Side Realty Co. v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Boothe v. City of FultonMissouri Court of Appeals · 1900
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