James Stafos v. Missouri Pacific Railroad Company, a Corporation, Missouri Pacific Railroad Company, a Corporation v. James Stafos
Court of Appeals for the Tenth Circuit
1Opinion of the Court
MURRAH, Chief Judge.
In this diversity suit the railroad company appeals from a judgment of the Kansas Court in favor of the appelleefarmer for crop damages in 1961-62 due to the overflow of impounded waters proximately caused by the negligent maintenance of the railroad’s bridge, ditch and roadbed. The cross-appeal complains of the amount of the award for compensatory damages and the failure to award any punitive damages.
The appellee’s leased land lies between the railroad right-of-way on the south and the Missouri River on the north. A leveed ditch commencing near the east corner of the…
2Cases cited13 opinions
- Kendrick v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1958
- Palmer v. WaddellSupreme Court of Kansas · 1879
- Potucek v. Cordeleria LourdesCourt of Appeals for the Tenth Circuit · 1962
- Charles W. Padgett v. Buxton-Smith Mercantile Company and Floyd R. EhrmannCourt of Appeals for the Tenth Circuit · 1958
- Broadway Manufacturing Co. v. Leavenworth Terminal Railway & Bridge Co.Supreme Court of Kansas · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Russell Eugene Hurd v. American Hoist and Derrick Company, a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1984
- Baskett v. United StatesUnited States Court of Claims · 1985
- Glannon v. Carpenter (In Re Glannon)District Court, D. Kansas · 2000
- United States v. LarkinsDistrict Court, W.D. Kentucky · 1987
- Eugene L. Lane D/B/A Commercial Construction Co. v. Geiger-Berger Associates, P.C.Court of Appeals for the Eighth Circuit · 1979
15 more not listed; retrieve them via the Exa API.