McCormick v. Kansas City, St. Joseph & Council Bluffs Railroad

When this case was here in 1874, (57 Mo. 433,) the court clearly indicated the ground upon which the plaintiff’s right of recovery must be based. The opinion in the case adopted the views of Lowrie, J., in Kauffman v. Griesemer, 26 Pa. St. 415. And I doubt if they can be expressed more forcibly or plainly than in the very language of this eminent judge : “ "Where two fields adjoin,” says Judge Lowrie, “and one is lower than the other, the lower must necessarily be subject to all the natural how of water from the upper one * * Hence the owner of the lower ground has no right to erect…