Hosher v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from JVodaway Circuit Court. I. By the instructions given for respondent,, the court saj-s that if a railroad cuts its ditches and makes its embankments with reasonable skill, it may collect surface water for a mile or more, direct it from its usual course and flowage, open a water gap or sluice, and overflow a man’s land and ruin his crops, and not be liable, because the water, with which lie docs it, is surface water, collected in ditches skillfully made for that…
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Appeal from JVodaway Circuit Court. I. By the instructions given for respondent,, the court saj-s that if a railroad cuts its ditches and makes its embankments with reasonable skill, it may collect surface water for a mile or more, direct it from its usual course and flowage, open a water gap or sluice, and overflow a man’s land and ruin his crops, and not be liable, because the water, with which lie docs it, is surface water, collected in ditches skillfully made for that purpose. Such cannot be thelaW. (SeeMcCormick vs. K. C., St. Jo. & C. B. JR. R. Co., 57 Mo., 433 ; Ang. Wat. Conrs., 130,…
1Opinion of the Court
Wagner, Judge,
delivered the opinion of the court.’
The petition in this case stated that the defendant was the successor of the Missouri Yalley Railroad, and that the latter company wrongfully entered upon the lands of the plaintiff, and built and constructed its road bed, and did the same in a negligent unskilful and improper manner; that it threw up embankments and failed to open proper and sufficient culverts and openings, at proper places, whereby plaintiff’s land was overflowed to his damage, etc.
*331The answer of the defendant denied all the material allegations in the petition, and also set…
2Cases cited2 opinions
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1874
- Imler v. City of SpringfieldSupreme Court of Missouri · 1874
3Cited by23 opinions
- Heins Implement Co. v. Missouri Highway & Transportation CommissionSupreme Court of Missouri · 1993
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
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