Williamson v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Ron. Alexander R. Waller, Judge. (1) The plaintiffs were not partners, neither were they such joint owners of the corn crop in question as entitled them to be joined as plaintiffs. Burks had no interest in and no authority to dispose of or in any manner control the part belonging to Williamson. (2) The water complained of in this case was rain water flowing from the hills.
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Appeal from Boone Circuit Court. — Ron. Alexander R. Waller, Judge. (1) The plaintiffs were not partners, neither were they such joint owners of the corn crop in question as entitled them to be joined as plaintiffs. Burks had no interest in and no authority to dispose of or in any manner control the part belonging to Williamson. (2) The water complained of in this case was rain water flowing from the hills. Abbot v. Railroad, 83 Mo. 271-280. (3) The evidence did not establish that the water which did the damage complained of, was obstructed by the railroad, or that a ditch on the right of way…
1Opinion of the CourtEllison, J.
In the summer of 1904 plaintiffs were the owners of growing crops on land owned by one of plaintiffs, lying in the Missouri river bottom out near the bluffs or hills. Defendant’s right of way is south of this land, between it and the river. Defendant constructed an embankment along the right of way, upon which it laid its track and operated trains. The effect of this embankment was to obstruct the flow of surface water from the hills south over the general surface and through one or more creeks or branches, so that it backed up over plaintiff’s crops and injured them. The trial was before the…
2Cases cited5 opinions
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Crenshaw v. UllmanSupreme Court of Missouri · 1893
- Cox v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
- Harrelson v. Kansas City & Atlantic RailroadSupreme Court of Missouri · 1899
- McFarland v. Mississippi River & Bonne Terre Railway Co.Supreme Court of Missouri · 1903
3Cited by6 opinions
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- In Re SamuelsIllinois Supreme Court · 1989
- Pace v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1913
- Ranney v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909
- Emery v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
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