Coleman v. Kansas City, St. Joseph & Council Bluffs Railroad
Court of Appeals of Kansas
Appeal from the Buchanan Circuit Court. — Hon. Vinton Pike, Special Judge. Statement by the court. This is an action to recover damages from defendant for obstructing a natural water course, whereby plaintiff’s lands were flooded and her crops destroyed. The petition was in two counts, but as the court instructed the jury to find for defendant on the second, it will only be necessary to notice the first.
Read the full summary
Appeal from the Buchanan Circuit Court. — Hon. Vinton Pike, Special Judge. Statement by the court. This is an action to recover damages from defendant for obstructing a natural water course, whereby plaintiff’s lands were flooded and her crops destroyed. The petition was in two counts, but as the court instructed the jury to find for defendant on the second, it will only be necessary to notice the first. In order to a better understanding of the matters of complaint the material portion of that count and answer thereto will be set out, viz.: “ That said stream of water runs through a heavily…
1Opinion of the CourtEllison, J.
— There was a demurrer to the evidence, both at the close of the testimony for plaintiff and at the close of the case. It appears that the creek was about fifty feet wide and eight or ten miles long, extending from up in the bluffs and wooded hills westerly, down through the bottom into a lake. The railroad track, at this point may be said to run north and south, and the stream northeast and southwest.
There was a public road crossing the stream by means of a county bridge something more than one-half mile up the creek east of the railroad bridge.
After the construction of the railroad,…
2Cases cited8 opinions
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Flori v. City of St. LouisSupreme Court of Missouri · 1879
- Ellet v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Moffatt Commission Co. v. Union Pacific Railway Co.Missouri Court of Appeals · 1905
- Vyse v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1904
- Lyon v. Chicago, Milwaukee & St. P. Ry. Co.Montana Supreme Court · 1912
- Kentucky Electric Development Co.'s Receiver v. WellsCourt of Appeals of Kentucky (pre-1976) · 1934
7 more not listed; retrieve them via the Exa API.