Atchison, Topeka & Santa Fé Railroad v. Hammer
Supreme Court of Kansas
Ffrror from Lyon District Court. Action brought by Hammer against the Atchison, Topeka Santa Fé Railroad Company, to recover damages to crops from the overflow of plaintiff’s lands. Trial by the court, at the March Term, 1878, and findings and judgment for plaintiff jor $300 damages, and for costs. New trial refused, and the Railroad Company brings the case here. The facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to recover damages to crops from the overflow of plaintiff’s lands. The case was *764tried upon an agreed statement of facts, and judgment rendered in favor of the plaintiff. The following is all there is in this statement as to the cause of the overflow:
“That the said lands of plaintiff were so overflowed in consequence of a culvert, built by defendant on its right of way, being insufficient to let the amount of water running and falling on said lands pass through it, and also in consequence of the embankment of its said line…
2Cases cited4 opinions
- Goodale v. . TuttleNew York Court of Appeals · 1864
- Toledo, Wabash & Western Railway Co. v. MorrisonIllinois Supreme Court · 1874
- Indianapolis, Bloomington & Western Railway Co. v. SmithIndiana Supreme Court · 1876
- Alton & Upper Alton Horse Railway & Carrying Co. v. DeitzIllinois Supreme Court · 1869
3Cited by19 opinions
- Missouri Pacific Railway Co. v. KeysSupreme Court of Kansas · 1895
- Carroll v. Township of RyeNorth Dakota Supreme Court · 1904
- Howard v. . City of BuffaloNew York Court of Appeals · 1914
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
- Marshall v. Wichita & Midland Valley RailroadSupreme Court of Kansas · 1915
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