Poage v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Daviess Circuit Court, Hon. Chas. H. S. Goodman, Judge. Statement of case by the court. This is an action to recover damages for the failure of defendant, a railroad corporation, to maintain and keep in repair a certain ditch for the purpose of draining the lands of plaintiff.
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Appeal from Daviess Circuit Court, Hon. Chas. H. S. Goodman, Judge. Statement of case by the court. This is an action to recover damages for the failure of defendant, a railroad corporation, to maintain and keep in repair a certain ditch for the purpose of draining the lands of plaintiff. The facts, as disclosed by the pleadings and evidence, pertinent to this appeal, are substantially as follows: Prior to December 12, 1878, the plaintiff was the owner of lands situated in sections 34 and 35, township 61, of range 29, in Daviess county. There was a ditch constructed by plaintiff for the…
1Opinion of the CourtPhilips, P. J.
From the instructions given by the court, and those refused, it is manifest that the court tried the case on the theory' that the stipulation contained in the deed from plaintiff to the railroad company was in the nature of a covenant running with the laud, which gave the plaintiff a right of action over against the defendant, a subsequent purchaser. The defendant’s instructions, refused, maintained the converse of this proposition.
There are two aspects of this case in which it may be considered. First, in reference to the effect of the stipulation contained in the deed of plaintiff to the…
2Cases cited9 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Louisville & Frankfort Railroad v. BallardCourt of Appeals of Kentucky · 1859
- Orrick v. DurhamSupreme Court of Missouri · 1883
- Kellogg v. RobinsonSupreme Court of Vermont · 1834
- Norfleet v. CromwellSupreme Court of North Carolina · 1870
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3Cited by2 opinions
- Employers Indemnity Corp. v. GarrettSupreme Court of Missouri · 1931
- Withers v. Wabash RailroadMissouri Court of Appeals · 1907