Fremont, Elkhorn & Missouri Valley Railroad v. Gayton
Nebraska Supreme Court
Error from the district court for Dodge county. Action in the nature of case, to recover for diverting of water by the landowners onto the premises of another. Tried below before Grimison, J. Judgment for plaintiff.
1Opinion of the Court
Pound, C.
The Sioux City & Pacific Railroad Company and the Union Pacific Railway Company, became the owners of the land involved in this controversy in 1873, through a grant from the general government. The Sioux City & Pacific Company constructed its road over the land, and in so doing built an embankment, dug certain ditches and borrow-pits, and put in bridges and culverts. After constructing its road, it conveyed the land to the Union Pacific Company, reserving a right of way 200 feet wide across that portion of the tract occupied by its road. Many years afterwards the Union Pacific…
2Cases cited3 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
- Cihak v. KlekrIllinois Supreme Court · 1886
3Cited by11 opinions
- Miller v. HoeschlerWisconsin Supreme Court · 1905
- Marshall Ice Co. v. LaPlantSupreme Court of Iowa · 1907
- Hillary Corp. v. United States Cold Storage, Inc.Nebraska Supreme Court · 1996
- Starrett v. BaudlerSupreme Court of Iowa · 1917
- Znamanacek v. JelinekNebraska Supreme Court · 1903
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