Hannaher v. St. Paul, Minneapolis & Manitoba Railroad
Supreme Court Of The Territory Of Dakota
Appeal from district court of Cass county; Hon. W. B. McConnell, Judge. The plaintiffs charge negligence. The defendant contends that it does not appear that the building of the railroad caused the alleged damage to plaintiffs’ property; but if it should be shown that the damage was the result of building the railroad properly, and with due care, that an action will not lie for such damage.
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Appeal from district court of Cass county; Hon. W. B. McConnell, Judge. The plaintiffs charge negligence. The defendant contends that it does not appear that the building of the railroad caused the alleged damage to plaintiffs’ property; but if it should be shown that the damage was the result of building the railroad properly, and with due care, that an action will not lie for such damage. Defendant submits that it has an undoubted right, by virtue of its corporate franchises, to build a line of railroad upon its own land, provided that the road is built properly, and with due care. 7 In the…
1Opinion of the CourtTripp, C. J.
This is an action brought by the plaintiffs to recover damages for injury to their crops during the years 1881-82, by overflow of surface water, alleged to have been caused by the negligent construction of the road-bed, ditches, and culverts of the defendant railway company. The complaint substantially alleges that:
1. Defendant’s railroad runs in a south-easterly and northwesterly direction upon a road-bed and embankment raised about two feet above the surrounding country.
2. That under its road-bed it constructed a culvert near to plaintiffs’ land, which culvert connected with the ditch which…
2Cases cited11 opinions
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- President for erecting a Bridge over the River Lehigh v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1833
- Richardson v. KierCalifornia Supreme Court · 1867
- Munkres v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1880
- Bell v. M'ClintockSupreme Court of Pennsylvania · 1839
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Soules v. Northern Pacific Railway Co.North Dakota Supreme Court · 1916
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- Hord v. Holston River RailroadTennessee Supreme Court · 1909
- Pielke v. Chicago, M. & St. P. Ry. Co.Supreme Court Of The Territory Of Dakota · 1889
- First Lady, LLC v. JMF PROPERTIES, LLCSouth Dakota Supreme Court · 2004
6 more not listed; retrieve them via the Exa API.