Brink v. Kansas City, St. Joseph & Council Bluffs Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by .the court: This is an action to recover damages against the defendant, a railroad corporation, for obstructing natural water courses, wkereby the plaintiff’s lands were flooded with water, and his crops destroyed.
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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by .the court: This is an action to recover damages against the defendant, a railroad corporation, for obstructing natural water courses, wkereby the plaintiff’s lands were flooded with water, and his crops destroyed. The material averments of the petition are: That the plaintiff in June, 1879, was the owner of. a farm in Platte county, through which defendant’s road passed; that on the west of said land, crossed by said road runs a creek called Milton creek, and on the east of the land runs another creek known as…
1Opinion of the Court
Opinion by
Philips, P. J.
I. We are urged by appellant, in an argument manifesting much zeal and ability, to reverse this case because there was not sufficient evidence to support the verdict. This has imposed upon the court a most onerous task, of examining minutely and patiently a most unusual mass of evidence, in such a case, which labor we have performed as best we could.
We will observe at the outset of this investigation, that the water in question cannot be regarded as surface water. The case is not like that of Abbott v. Railroad, recently decided by the Supreme Court. In that case the…
2Cases cited16 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- State v. HopperSupreme Court of Missouri · 1880
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Wilson v. Board of EducationSupreme Court of Missouri · 1876
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ClarkIndiana Court of Appeals · 1912
- Corrington v. KalicakMissouri Court of Appeals · 1959
- Standley v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
- Gilliland v. Chicago & Alton RailroadMissouri Court of Appeals · 1885
- McBeth v. CraddockMissouri Court of Appeals · 1887
10 more not listed; retrieve them via the Exa API.