Chicago, Burlington & Quincy Railroad v. Emmert
Nebraska Supreme Court
Error from tbe district court of Richardson county. Tried below before Bush, J. The opinion contains a statement of the case. The railroad company acquired the right to build its railroad where it did, and constructed it in a manner proper for railroad purposes. The injuries complained of resulted from surface waters, and the company did not incur liability for the damages.
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Error from tbe district court of Richardson county. Tried below before Bush, J. The opinion contains a statement of the case. The railroad company acquired the right to build its railroad where it did, and constructed it in a manner proper for railroad purposes. The injuries complained of resulted from surface waters, and the company did not incur liability for the damages. (Bunderson v. Burlington & M. R. R. Go., 43 Neb. 545; Missouri P. R. Go. v. Lewis, 24 Neb. 848; Hannaher v. St. Paid, M. & M. R. Go., 37 N. W. Rep. [Dak.] 717; Morrissey v. Chicago, B. & Q. R. Go., 38 Neb. 406; Hoard v.…
1Opinion of the Court
Ragan, C.
The Nemaha river is one of the natural water courses of the state, and drains a large area of territory. When floods or freshets occur the channel of this river overflows, and the stream then becomes very much widened, extending and flowing at such times from the foot-hills upon one side to the foot-hills upon the other side of the river’s valley. In the valley of this river, in Richardson county, is situate the farm of Oliver Emmert. In 1883 *240the Chicago, Burlington & Quincy Railroad Company, hereinafter called the railroad company, constructed a road at right angles across the…
2Cases cited5 opinions
- Byrne v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
- Morrissey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1893
- Fremont, Elkhorn & Missouri Valley Railroad v. HarlinNebraska Supreme Court · 1897
- Fremont, E. & M. V. R. v. CrumNebraska Supreme Court · 1890
- Kansas City & Omaha Railroad v. RogersNebraska Supreme Court · 1896
3Cited by27 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
- Pickens v. Coal River Boom Co.West Virginia Supreme Court · 1909
- Cole v. Missouri, K. & O. R. Co.Supreme Court of Oklahoma · 1908
- Morse v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1908
- Fuller v. FairSupreme Court of Alabama · 1919
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