Emery v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. The demurrer offered by the defendant at the close of plaintiff’s case, as well as the peremptory instruction at the close of all the evidence, should have been given as the evidence shows that the plaintiff’s land was iower at the point where it touches the railroad than the point at Little Raft Slough, where they expect to intersect the slough to carry off the water. Kenny v. Railroad, 69 Mo.
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Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. The demurrer offered by the defendant at the close of plaintiff’s case, as well as the peremptory instruction at the close of all the evidence, should have been given as the evidence shows that the plaintiff’s land was iower at the point where it touches the railroad than the point at Little Raft Slough, where they expect to intersect the slough to carry off the water. Kenny v. Railroad, 69 Mo. App. 569; Collier y. Railroad, 48 Mo. App. 398; Fields v. Railroad, 21 Mo. App. 600; Delapp y. Railroad, 69 Mo. App. 572; Graves v.…
1Opinion of the CourtNixon, P. J.
This was an action under section 1110, Revised Statutes 1899, concerning railroad companies, and was instituted by the respondent against the appellant for damages caused to his growing crops by reason of the failure of appellant to dig lateral ditches on each side of its roadbed so as to afford a sufficient outlet to drain off the water. Upon trial before a jury, respondent obtained a verdict and the case is here on defendant’s appeal.
The evidence of the plaintiff tended to support all the material allegations of his petition. He introduced evidence to show that during the years 1905, 1906…
2Cases cited2 opinions
- Cox v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
- Williamson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1905