Union Trust Co. v. Cuppy
Supreme Court of Kansas
Error from Allen Eistriet Court. Action brought by Cuppy against the Union Trust Company of New York and the M. K. & T. Ely. Co., to recover for damages to plaintiff’s land and crops. Trial at the March Term, 1880, of the district court, and finding and judgment for plaintiff. The defendants brings the case here.
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Error from Allen Eistriet Court. Action brought by Cuppy against the Union Trust Company of New York and the M. K. & T. Ely. Co., to recover for damages to plaintiff’s land and crops. Trial at the March Term, 1880, of the district court, and finding and judgment for plaintiff. The defendants brings the case here. The opinion states the facts. 1. The demurrer to the evidence as not proving a cause of action, should have been sustained, because the gravamen of the action is, the improper or negligent construction of the culvert and its maintenance in that condition; and the action itself was…
1Opinion of the Court
*761The opinion of the court was delivered by
Valentine, J.:
This was an action brought by I. C.. Cuppy against the Union trust company, of New York and the Missouri, Kansas & Texas railway company for damages-to the plaintiff’s land and crops, alleged to have been caused in the years 1876 and 1877 by the overflow of water on the plaintiff’s land, caused by the defendant’s damming, or partially damming, a natural watercourse. The facts appear to-be substantially as follows:
From sometime prior to the year 1870 down to the present time, the plaintiff has been the owner of the land upon which the…
2Cases cited4 opinions
- Palmer v. WaddellSupreme Court of Kansas · 1879
- Shane v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
- Kansas Pacific Rly. Co. v. WoodSupreme Court of Kansas · 1880
- Lohmiller v. Indian Ford Water-Power Co.Wisconsin Supreme Court · 1881
3Cited by33 opinions
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- Johnson v. Board of County CommissionersSupreme Court of Kansas · 1996
- Sheffield Car Co. v. Constantine Hydraulic Co.Michigan Supreme Court · 1912
- Henderson v. TalbottSupreme Court of Kansas · 1954
- Gowing v. McCandlessSupreme Court of Kansas · 1976
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