Soules v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from tbe District Court of Stark County, Crawford, J. Action to recover damages for tbe flooding of property occasioned by an insufficient culvert. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action to recover damages for tbe flooding of the-plaintiffs’ stock of goods wbieb were contained in a retail hardware store in tbe city of Dickinson, North Dakota.
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Appeal from tbe District Court of Stark County, Crawford, J. Action to recover damages for tbe flooding of property occasioned by an insufficient culvert. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action to recover damages for tbe flooding of the-plaintiffs’ stock of goods wbieb were contained in a retail hardware store in tbe city of Dickinson, North Dakota. Tbe complaint alleges that tbe defendant company “on July 28th and for a long time prior thereto owned, operated, and maintained a right of way for its-railroad extending in an easterly and…
1Opinion of the CourtBruce, J.
(after stating the facts as above). It is not, we believe, contended in this case that the flooding of the plaintiffs’ premises in question was occasioned by the obstruction of a flowing stream, bat rather by the obstruction of a natural water course which served as a natural drainage for surface and storm waters, and which on the occasion in question was flooded by a heavy rain storm which occurred on the night of July 28, 1914, and in the early morning of July 29, 1914.
“Under the common-law rule which exists in many jurisdictions, surface water is regarded as a common enemy, and every…
2Cases cited18 opinions
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
- Gillham v. Madison County RailroadIllinois Supreme Court · 1869
- Ohio & Mississippi Railway Co. v. ThillmanIllinois Supreme Court · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Ferderer v. Northern Pacific Railway Co.North Dakota Supreme Court · 1950
- Heckaman v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- Martinez v. CookNew Mexico Supreme Court · 1952
- International & Great Northern Railroad v. ReaganTexas Supreme Court · 1932
- McCausland v. JarrellWest Virginia Supreme Court · 1951
26 more not listed; retrieve them via the Exa API.