South Side Realty Co. v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. —Hon. R. G. Ranney, Judge. (1) To render a defendant liable for injuries during an extraordinary flood, where he has been negligent, such negligence must have been the active agent in bringing about the loss, and without which it would not have occurred. It is manifest that the water in Cape La Croix creek would have overflowed plaintiff’s land if there had been no railroad bridge nor railroad dump at that point.
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Appeal from Cape Girardeau Court of Common Pleas. —Hon. R. G. Ranney, Judge. (1) To render a defendant liable for injuries during an extraordinary flood, where he has been negligent, such negligence must have been the active agent in bringing about the loss, and without which it would not have occurred. It is manifest that the water in Cape La Croix creek would have overflowed plaintiff’s land if there had been no railroad bridge nor railroad dump at that point. The girder could have been the efficient cause of any injury to plaintiff by the flood. Coleman v. Eailroad, 36 Mo. App. 495;…
1Opinion of the CourtNixon, P. J.
I. The plaintiff attempted a cross-appeal, and its purported abstract shows the following state of facts: That on the day the jury returned its verdict the plaintiff filed a motion for a new trial setting up (1) that the court’erred in admitting evidence over plaintiff’s objections; (2) in excluding evidence offered by plaintiff; (3) in granting instructions requested by defendant; (4) that the jury failed to follow instructions; (5) that the finding of the jury is contrary to the evidence; and (6) that the finding of the jury is contrary to law. That this motion was overruled and affidavit…
2Cases cited15 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Gulf, Colorado & Santa Fe Railway Co. v. PomeroyTexas Supreme Court · 1887
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Union Trust Co. v. CuppySupreme Court of Kansas · 1882
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3Cited by8 opinions
- Kennedy v. Union Electric Co.Supreme Court of Missouri · 1948
- Smith v. NormanMissouri Court of Appeals · 1979
- Brown v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1923
- Eikland v. CaseyCourt of Appeals for the Ninth Circuit · 1920
- Armstrong v. Westroads Development Co.Missouri Court of Appeals · 1964
3 more not listed; retrieve them via the Exa API.