Edwards v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Error to Boone Circuit Court. — Now. John A. Ilockaday, Judge. (1) The overflow complained of was occasioned by surface water resulting from excessive rainfall. The defendant was not liable for such damage. McCormick v. Railroad, 57 Mo. 433; Abbott v. Railroad, 83 Mo. 271. (2) Waters overflowing the banks of a stream are to be regarded as surface water.
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Error to Boone Circuit Court. — Now. John A. Ilockaday, Judge. (1) The overflow complained of was occasioned by surface water resulting from excessive rainfall. The defendant was not liable for such damage. McCormick v. Railroad, 57 Mo. 433; Abbott v. Railroad, 83 Mo. 271. (2) Waters overflowing the banks of a stream are to be regarded as surface water. Abbott v. Railroad, 83 Mo. 280; Shane v. Railroad, 71 Mo. 248. (3) In the absence of negligent construction, defendant is not liable for overflow caused by the location of its railroad. 3 Elliott on Railroads, sec. 937; 1 Rorer on Railroads,…
1Opinion of the CourtSmith, P. J.
— It may be seen by reference to 82 Mo. App.. 96, that when this cause was here on a former appeal the petition was in five counts, the first of which was to recover the value of a strip of ground on which was located the defendant’s right of way alleged to have been wrongfully and permanently appropriated. The second was to recover the damages sustained to the plaintiff’s land not so appropriated by reason of its being intersected by said railway. The third was for the unskillful and careless location and construction of the line of said railway and the bridges and culverts thereon so as to…
2Cases cited3 opinions
- Shane v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
- Munkres v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1880
- Brink v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1885
3Cited by7 opinions
- Corrington v. KalicakMissouri Court of Appeals · 1959
- Kelso v. C. B. K. Agronomics, Inc.Missouri Court of Appeals · 1974
- Webb v. CarterMissouri Court of Appeals · 1906
- Dudley Special Road District v. HarrisonMissouri Court of Appeals · 1974
- Beauchamp v. TaylorMissouri Court of Appeals · 1908
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