Graves v. Kansas City, Pittsburg & Gulf Railroad
Missouri Court of Appeals
Appeal from the Tfewton Circuit Court. — Hon. J. C. Lamson, Judge. The only ditches and drains defendant is bound to construct are such as may be necessary “to connect with ditches, drains, or water courses.” There is no averment in the petition that the construction of such ditches was necessary for the purpose of connecting with ditches or water courses. Byrne v. B. B., 47 Mo.
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Appeal from the Tfewton Circuit Court. — Hon. J. C. Lamson, Judge. The only ditches and drains defendant is bound to construct are such as may be necessary “to connect with ditches, drains, or water courses.” There is no averment in the petition that the construction of such ditches was necessary for the purpose of connecting with ditches or water courses. Byrne v. B. B., 47 Mo. App. 383; Field v. B. B., 76 Mo. 615. Plaintiff can not allege one cause of action in his petition and recover on another not stated. ILarty v. B. B., 95 Mo. 368; Waldhier v. B. B., 71 Id. 514; Hite v. B’y, 130 Id.…
1Opinion of the CourtBiggs, J.
The defendant operates a railroad in Newton county. The plaintiff is the owner of four acres of land situated within the corporate limits of the city of' Neosho. The land is bounded on the North by McKinney street, on the south by Park street, and on the east by the railroad. Extending south from the land is a small valley through which the railroad is constructed. The natural flow of the water at that point is from south to north or northeast into Hickory street. In September, 1895, the plaintiff’s land was overflowed by surface water coming from this valley, destroying his crops and washing…
2Cases cited5 opinions
- Logansport, Crawfordsville & Southwestern Railway Co. v. WrayIndiana Supreme Court · 1875
- Avary v. SearcySupreme Court of Alabama · 1873
- Field v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1886
- Byrne v. Keokuk & Western RailroadMissouri Court of Appeals · 1892
- Rychlicki v. City of St. LouisSupreme Court of Missouri · 1893
3Cited by8 opinions
- Sloss-S. S. & I. Co. v. MitchellSupreme Court of Alabama · 1913
- Cox v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
- Wiggins v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1906
- Smith v. NormanMissouri Court of Appeals · 1979
- Steffens v. FisherMissouri Court of Appeals · 1912
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