Legal Opinion

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

Decided October 17, 1966No. 7829_1PublishedCited by 20 opinions

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

  1. Kendrick v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1958
  2. Palmer v. WaddellSupreme Court of Kansas · 1879
  3. Potucek v. Cordeleria LourdesCourt of Appeals for the Tenth Circuit · 1962
  4. Charles W. Padgett v. Buxton-Smith Mercantile Company and Floyd R. EhrmannCourt of Appeals for the Tenth Circuit · 1958
  5. 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

  1. Russell Eugene Hurd v. American Hoist and Derrick Company, a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1984
  2. Baskett v. United StatesUnited States Court of Claims · 1985
  3. Glannon v. Carpenter (In Re Glannon)District Court, D. Kansas · 2000
  4. United States v. LarkinsDistrict Court, W.D. Kentucky · 1987
  5. 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.

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