Missouri Pacific Railway Co. v. Renfro
Supreme Court of Kansas
Error from Wilson District Court. ACTION by Renfro against the Railway Company to recover damages to his premises caused by surface water. Judgment for the plaintiff at the September term, 1889. The defendant Company brings the case to this court. The material facts are stated in the opinion.
Read the full summary
Error from Wilson District Court. ACTION by Renfro against the Railway Company to recover damages to his premises caused by surface water. Judgment for the plaintiff at the September term, 1889. The defendant Company brings the case to this court. The material facts are stated in the opinion. We do not believe that any court has ever affirmed, upon the principles of the common law, that a railway company constructing a railroad where it had the lawful right to construct it was guilty of negligence (1) because it took dirt from the sides of its railroad for the purpose of constructing its…
1Opinion of the Court
*240The opinion of the court was delivered by
HORTON, C. J.:
This was an action in the court below by Samuel H. Renfro against the Missouri Pacific Railway Company to recover damages to his premises resulting from surface water. Before the damages occurred, a right-of-way was properly condemned for the railway company through his premises, and the damages assessed for the construction of the road were received by him. In his petition, Renfro alleged that the railway was negligently and unskillfully constructed, with deep ditches upon the sides thereof, for a mile or more, and that a narrow and…
2Cases cited6 opinions
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Atchison, Topeka & Santa Fé Railroad v. HammerSupreme Court of Kansas · 1879
- Lessard v. StramWisconsin Supreme Court · 1885
- Jordan v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Marshall v. Wichita & Midland Valley RailroadSupreme Court of Kansas · 1915
- Liston v. ScottSupreme Court of Kansas · 1921
- Prunty v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912
- Sandstrum v. Missouri Pac. R. Co.District Court, D. Kansas · 1925
- Butts v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1932