Missouri Pacific Railway Co. v. Keys
Supreme Court of Kansas
Error from Wilson District Court. JOHN B. Keys brouglit ail action to recover damages resulting from the alleged obstruction of a water-course by the railway company.
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Error from Wilson District Court. JOHN B. Keys brouglit ail action to recover damages resulting from the alleged obstruction of a water-course by the railway company. The trial was had by the court without a jury, and the following findings of fact and conclusions of law were made : “1. The plaintiff; John B. Keys, is and has been for more than five years last past the owner and occupant of the southeast quarter and the south half of the northeast quarter of section No. 31, in township No. 30, range No. 16, in Wilson county, Kansas, said premises being excellent farming land. “2. In the .year…
1Opinion of the Court
*214The opinion of the court ivas delivered by
Johnston, J. :
In his petition Keys averred that, ever since the settlement of the section of the country in which the farm is situate, there has been a distinct natural water-course running in an easterly and north - easterly direction through his land, which conducted large quantities of water from the hills lying west and northwest of his land, and that prior to the building of the railroad the water passed freely and unobstruct-edly eastwardly from plaintiff’s land along the watercourse, but since the building of the railroad, and owing to the…
Also in this document: Concurrence.
2Cases cited6 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1874
- Atchison, Topeka & Santa Fé Railroad v. HammerSupreme Court of Kansas · 1879
- Morris v. City of Council BluffsSupreme Court of Iowa · 1885
- Schneider v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cass v. DicksWashington Supreme Court · 1896
- Clark v. AllamanSupreme Court of Kansas · 1905
- Cloyes v. Middlebury Electric Co.Supreme Court of Vermont · 1907
- Fordham v. Northern Pacific Railway Co.Montana Supreme Court · 1904
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
14 more not listed; retrieve them via the Exa API.