Kenney v. Kansas City, Pittsburg & Gulf Railroad
Missouri Court of Appeals
Appeal from the Neivton Circuit Court. — Hon. J. C. Lamson, Judge. It is not disputed that all the water was surface water,the flow of which across its right of way the railroad company had the right to prevent. Moss v. B. B., 85 Mo. 86; Byrne v. B. B., 47 Mo.
Read the full summary
Appeal from the Neivton Circuit Court. — Hon. J. C. Lamson, Judge. It is not disputed that all the water was surface water,the flow of which across its right of way the railroad company had the right to prevent. Moss v. B. B., 85 Mo. 86; Byrne v. B. B., 47 Mo. App. 383; Field v. B. B., 21 Id. 600; Collier v. B. B., 48 Id. 398. There was no duty imposed upon defendant with reference to the artificial ditch, nor was it required to build its railroad or construct its ditches along the sides thereof with reference thereto, or to connect therewith. Gould on Waters, sec. 161. Instruction number 1,…
1Opinion of the CourtBond, J.
This suit is for injury to crops from an overflow of surface water alleged to have been caused by defendant’s failure to comply with section 2614, Revised Statutes, 1889. It was begun before a justice, appealed to the circuit court, where plaintiff had judgment, from which defendant brings it to this court.
Railroads: overflow from surface water construction of statuse. Plaintiff was a tenant of a farm lying east and west of that portion of the defendant railroad which runs north and south through Shoal creek valley in Newton county, the creek being on the west side of the roadbed. The lands…
2Cases cited4 opinions
- Field v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1886
- Gray v. SchriberMissouri Court of Appeals · 1894
- Byrne v. Keokuk & Western RailroadMissouri Court of Appeals · 1892
- Collier v. Chicago & Alton RailroadMissouri Court of Appeals · 1892
3Cited by2 opinions
- Chicago & Alton Railroad v. TranbargerSupreme Court of the United States · 1915
- Ranney v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909