Langness v. Chicago, Milwaukee & St. Paul Railway Co.
South Dakota Supreme Court
Appeal from1 Circuit Court, Minnehaha County. Hon. Joseph W.‘ Jones, Judge. Action, by Mali P. Eangness, against the Chicago, Milwaukee & St. Paul Railway Company, a corporation, to recover damages caused by overflow of water from, defendant’s roadbed upon plaintiff’s land. From a judgment for plaintiff, 'and from an order 'denying a new trial, 'defendant appeals.
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Appeal from1 Circuit Court, Minnehaha County. Hon. Joseph W.‘ Jones, Judge. Action, by Mali P. Eangness, against the Chicago, Milwaukee & St. Paul Railway Company, a corporation, to recover damages caused by overflow of water from, defendant’s roadbed upon plaintiff’s land. From a judgment for plaintiff, 'and from an order 'denying a new trial, 'defendant appeals. (5) To point five of the opinion, Appellant cited: Buntin vs. Chicago R. I. & P. Ry., 41 Fed. 744; Chicago & E. I. R. Go:, vs. Loeb (111.) 8 N. E. 460; Ridley vs. Seaboard R. R. Co. (N. C.) 24 S. E. 730; Kankankee & S. R. Ry. v.…
1Opinion of the CourtMcCOY, J.
From the -allegations of -plaintiff’s' complaint it appears 'that she is the owner of a certain orae-lnalf section of land in Minnehaha county which i's crossed- by the roadbed of -defendlant; that to the westward of said land and -railway roadbed is the 'Sioux river; that the natural- slope of said lands is westward towards the river; that the said! lands lying east of the roadbed slope westward' towards the roadbed-, and! that a portion of said land is a depression through, which the surface waters coming -upon said lands- find a natural outlet into the river; that 'defendant constructed!…
2Cases cited14 opinions
- Austin & Northwestern Railway Co. v. AndersonTexas Supreme Court · 1891
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
- Wells v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1890
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