Quinn v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Hutchinson County. Hon. E. G. Smith, Judge. Action by M. E. Quinn against the Chicago, Milwaukee & St. Paul Railway Company. From a judgment for plaintiff, defendant appeals. No damage can insue, nor can the owner be interfered with by any consideration of injury to other lands which may be occasioned by the flow of surface water in consequence of lawful appropriation of land by its owner to a particular use or mode of enjoyment.
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Appeal from Circuit Court, Hutchinson County. Hon. E. G. Smith, Judge. Action by M. E. Quinn against the Chicago, Milwaukee & St. Paul Railway Company. From a judgment for plaintiff, defendant appeals. No damage can insue, nor can the owner be interfered with by any consideration of injury to other lands which may be occasioned by the flow of surface water in consequence of lawful appropriation of land by its owner to a particular use or mode of enjoyment. Gannon v. Hargadon, 92 Mass. 106; Sweet v. Cutts, 9 Am. Rep. 270; Hoyt v. The City of Hudson, 9 Am. Rep. 473 ; Parks v. Gity of…
1Opinion of the CourtCorson, J.
This action was instituted by the plaintiff, the owner of a tract of land, to recover of the defendant damages which he alleges he has sustained by reason of the negligent damming up .of the waters of a ravine, water course, or draw by the defendant, which flowed over the plaintiff’s land and across the defendant’s right of way. Verdict and judgment being in favor of the plaintiff, the defendant has appealed.
It is alleged in the complaint, in substance, that continuously since the year 1878 the plaintiff has been the owner of a quarter section of land in B011 Homme county, and in possession…
2Cases cited6 opinions
- Lambert v. AlcornIllinois Supreme Court · 1893
- Jeansch v. LewisSouth Dakota Supreme Court · 1891
- Anheuser-Busch Brewing Ass'n v. PetersonNebraska Supreme Court · 1894
- Lincoln & Black Hills Railroad v. SutherlandNebraska Supreme Court · 1895
- Chicago, Rock Island & Pacific Railway Co. v. ShawNebraska Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- Storley v. Armour & Co.Court of Appeals for the Eighth Circuit · 1939
- Soules v. Northern Pacific Railway Co.North Dakota Supreme Court · 1916
- International & Great Northern Railroad v. ReaganTexas Supreme Court · 1932
- Kougl v. CurrySouth Dakota Supreme Court · 1950
13 more not listed; retrieve them via the Exa API.