St. Louis, Iron Mountain & Southern Railway Co. v. Schneider
Missouri Court of Appeals
Appeal from the Cape Girardeau Circuit Court, Hon. H. C. O’Bryan, Judge. The Thumb was a natural water-course and appellant had the right to have it continue to flow ubi currere solebat. Wood on. Nuisances, sec. 336; Gardner v. Tillage, 2 Johns. Ch. 162; Shields v. Arndt, 3 Green’s Ch. (N. J.)234; Angelí, on Water-Courses, 1, 5, and note; Jones v. Railroad, 18 Mo.
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Appeal from the Cape Girardeau Circuit Court, Hon. H. C. O’Bryan, Judge. The Thumb was a natural water-course and appellant had the right to have it continue to flow ubi currere solebat. Wood on. Nuisances, sec. 336; Gardner v. Tillage, 2 Johns. Ch. 162; Shields v. Arndt, 3 Green’s Ch. (N. J.)234; Angelí, on Water-Courses, 1, 5, and note; Jones v. Railroad, 18 Mo. App. 251; Benson v. Railroad, 78 Mo. 504; Mosher v. Railroad, 60 Mo. 329 ; Hunkers v. Railroad,. 60 Mo.’ 334; Mangold r>. Railroad, 24 Mo. App. 59. No one, not even municipal corporations, have the right to obstruct the flow of an…
1Opinion of the CourtRombauer, P. J.
The plaintiff, anterior to the date of the grievance .herein complained of, had constructed a railroad bank running southwardly for a distance of twenty-five miles :u.nd more in the valley of the Whitewater. The Whitewater is a stream of perpetual flow, draining a large . .area of country, and is about two hundred feet wide. At a certain point in its course a slough or bayou runs ,,out of it eastwardly nearly at right angles, which slough, at its junction with the Whitewater, has a width • of about one hundred and fifty feet, and a well-defined channel and banks for a distance of from four…
2Cases cited4 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1874
3Cited by7 opinions
- Happy v. KentonSupreme Court of Missouri · 1952
- Jones v. Des Moines & Mississippi River Levee District No. 1Missouri Court of Appeals · 1963
- Applegate v. FranklinMissouri Court of Appeals · 1904
- Gray v. SchriberMissouri Court of Appeals · 1894
- Hagge v. Kansas City S. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1900
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