Vyse v. Chicago, Burlington & Quincy Railway Co.
Supreme Court of Iowa
Appeal from Fremont District Court.— HoN. O. D. Wi-ieeler, Judge. Action at law to recover damages for tbe flooding of plaintiff’s land, due, as is alleged, to tbe negligence of tbe defendant in leaving certain piles in a natural stream crossed ■by one of its bridges and to the negligent throwing of rocks and stones therein. Many defenses were pleaded, which will be noticed in the body of tbe opinion.
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Appeal from Fremont District Court.— HoN. O. D. Wi-ieeler, Judge. Action at law to recover damages for tbe flooding of plaintiff’s land, due, as is alleged, to tbe negligence of tbe defendant in leaving certain piles in a natural stream crossed ■by one of its bridges and to the negligent throwing of rocks and stones therein. Many defenses were pleaded, which will be noticed in the body of tbe opinion. On tbe issues joined, the case was tried to a jury, resulting in a verdict and judgment for plaintiff, and defendant appeals.—
1Opinion of the Court
Deemeb, 0. J.—
Defendant operates a line of railway from Council Bluffs to Kansas City. Just over tbe State line in Missouri it crosses the Nishnabotna river. Prior to the year 1898 the bridge crossing this stream consisted of two spans, aggregating two hundred and six feet in length. Tn the year 1898 it replaced this bridge with another of three spans, aggregating three hundred and fifteen feet in length. Tn constructing this new bridge a number of piling were driven in the. channel of the river, and when the bridge was. completed these piling were cut off so that the ends thereof projected…
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- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
- Langhammer v. City of ManchesterSupreme Court of Iowa · 1896
- Baltimore & Ohio Railroad v. Sulphur Spring Independent School DistrictSupreme Court of Pennsylvania · 1880
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