Gulf, Colorado & Santa Fe Railway Co. v. Clark
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern district. Wm. M.. Springer, Judge. Action by H. H. Clark against tlio Gulf, Colorado & Santa Fe Railway Company for the value of about 90 acres of land alleged to have been washed away and destroyed by the South Canadian river, such damage being caused by the building by defendant of certain dykes in the channel of the river, which changed the direction of the current of the river and caused it to flow against the land of…
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Appeal from the United States Court for the Northern district. Wm. M.. Springer, Judge. Action by H. H. Clark against tlio Gulf, Colorado & Santa Fe Railway Company for the value of about 90 acres of land alleged to have been washed away and destroyed by the South Canadian river, such damage being caused by the building by defendant of certain dykes in the channel of the river, which changed the direction of the current of the river and caused it to flow against the land of the plaintiff thus causing it to be eroded and washed away. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtThomas, J.
The first question presented by appellant in its brief is as to whether or not the title of the appel-lee was such that he could maintain this action. In the year 1893 he had entered upon and taken possession of this land by virtue of the homestead laws of the United States, and had obtained a duplicate receipt from the receiver of the land office at Oklahoma City. He had entered upon this land, cultivated it, improved it, and was in possession of it at the time the injury complained of occurred. Appellant in its brief disputes the right of the appellee to maintain *321this action upon this…
2Cases cited11 opinions
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- Carroll v. SaffordSupreme Court of the United States · 1845
- Taylor v. FickasIndiana Supreme Court · 1878
- Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
- International & Great Northern Railway Co. v. RagsdaleTexas Supreme Court · 1886
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