Dickson v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. 1. The defendant was entitled to be notified of the existence of the nuisance, if there was one, and to be requested to abate it, before being sued.
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Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. 1. The defendant was entitled to be notified of the existence of the nuisance, if there was one, and to be requested to abate it, before being sued. PenruddocRs Case, 5 Coke 101; Slight v. Gutzlaff, 35 Wis. 677 ; Johnson v. Lewis, 13 Conn. 307; Pillshury v. Moore, 44 Me. 154 ; Mc-Donough v. Gilman, 3 Allen 264; Woodman v. Tufts, 9 N. II. 88; Pierson v. Glean, 2 Green (14 N. J. Law), 36; Huckenstine’s Appeal, 70 Penn. St. 102 ; Thornton v. Smith, 11 Minn. 15 ; Grigsby v. Water Co., 40 Cal. 396 ; Noyes v. Stillman,- 24 Conn. 15 ;…
1Opinion of the CourtNorton, J.
This is a suit for damages caused by flooding plaintiff’s lands. In the first count, the petition substantially alleges that plaintiff- was the owner of certain lands along, through and adjoining which a certain stream of water flowed; that, in 1873, the Chicago & Southwestern Railway Company, in constructing its road, did,-by means of an embankment, divert and turn said stream of water from its natural channel so as to overflow plaintiff’s lands; that the said Chicago & Southwestern Railway Company, in July,-1873, leased its said road to the defendant, the Chicago, Rock Island & Pacific…
2Cases cited2 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
3Cited by35 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Guinn v. Ohio River R.West Virginia Supreme Court · 1899
- Sherlock v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1888
- Doyle v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1892
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