Foreman v. Midland Valley Ry. Co.
Court Of Appeals Of Indian Territory
Error to the United States Court for the Western District ■of the Indian Territory; before Justice Wm. R. Lawrence, April 14, 1906. Action by Johnson Foreman against the Midland Valley Railway Company. There was a judgment for defendant rendered after sustaining a demurrer to the complaint, and plaintiff brings error.
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Error to the United States Court for the Western District ■of the Indian Territory; before Justice Wm. R. Lawrence, April 14, 1906. Action by Johnson Foreman against the Midland Valley Railway Company. There was a judgment for defendant rendered after sustaining a demurrer to the complaint, and plaintiff brings error. This is an action- brought by the plaintiff in error to recover damages from the defendant railway company alleged to have been sustained by him because of the overflow of plaintiff’s land by reason of the careless and negligent construction of the embankment on the company’s…
1Opinion of the CourtClayton, J.
(after stating the facts as above). The only question to be determined here is: Did the complaint set up a good cause of action? All 'of the authorities agree that in the construction of a railway it is a duty devolving upon the company to so construct its embankments, bridges, and culverts that the water flowing through running streams shall not be impeded; and this does not mean simply the amount that usually passes through them. In the construction of these works, they are required to look forward, and leave openings sufficient to carry off all waters resulting from such floods and…
2Cases cited13 opinions
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Gibbs v. WilliamsSupreme Court of Kansas · 1881
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Moore v. AdamsSupreme Court of Oklahoma · 1910
- Farmers' State Bank of Arkansas City v. StephensonSupreme Court of Oklahoma · 1909