Moss v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court.—Hon. R. P. Owen, Judge. (1) Defendant’s instruction, numbered one, at the close of the whole case, in the nature of a demurrer to the evidence, should have been given.
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Appeal from Butler Circuit Court.—Hon. R. P. Owen, Judge. (1) Defendant’s instruction, numbered one, at the close of the whole case, in the nature of a demurrer to the evidence, should have been given. “In the absence of any negligence, unskilfulness, or mismanagement in the construction of any embankment for the bed of a railroad over land, through which there was no natural channel for the passage of water, the injuries done by said embankment by causing the water to overflow the land of the adjoining proprietors, must be considered as the natural consequence of what the corporation had…
1Opinion of the CourtSherwood, J.
This is an action for damages instituted by plaintiff, based upon a change made in its road bed at a certain point, by substituting trestle-work in the place of an embankment, when the latter washed away in 1876, for the space of about one hundred and fifty feet in length. Damages were claimed, because, at a high stage of water in Black river, the water of that stream ran through the opening in the roadway made by the substitution of the *89trestle-work for the embankment, and there being no ■culvert or opening, lower down in the embankment, for the egress of the water thus running through the…
2Cases cited2 opinions
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Jones v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1884
3Cited by14 opinions
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Goll v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1917
- Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Yazoo & Mississippi Valley Railroad v. DavisMississippi Supreme Court · 1896
- George v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
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