Legal Opinion

Dickson v. Chicago, Rock Island & Pacific Railroad

Supreme Court of Missouri

Decided April 15, 1880PublishedCited by 35 opinions

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.

Read the full summary

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

  1. Finney v. BerrySupreme Court of Missouri · 1875
  2. Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879

3Cited by35 opinions

  1. Paddock v. SomesSupreme Court of Missouri · 1890
  2. Givens v. Van StuddifordSupreme Court of Missouri · 1885
  3. Guinn v. Ohio River R.West Virginia Supreme Court · 1899
  4. Sherlock v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1888
  5. Doyle v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1892

30 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API