Hoester v. Hemsath
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court, Edwards, J. No person has the right to protect himself from a stream or water-course by throwing it on the lands of another, or, on the ground of self-protection, to prevent the waters of floods and freshets from flowing where they are accustomed to flow. — MeG or miele v. Railroad Go., 70 Mo. 359 ; Shane v. Railway Go., 71 Mo. 237 ; Mimicries v. Railroad Go., 72 Mo. 514; Ang. on W. C., sects. 108/, 108&; Bruson v. Railroad Co., 78…
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Appeal from the St. Charles Circuit Court, Edwards, J. No person has the right to protect himself from a stream or water-course by throwing it on the lands of another, or, on the ground of self-protection, to prevent the waters of floods and freshets from flowing where they are accustomed to flow. — MeG or miele v. Railroad Go., 70 Mo. 359 ; Shane v. Railway Go., 71 Mo. 237 ; Mimicries v. Railroad Go., 72 Mo. 514; Ang. on W. C., sects. 108/, 108&; Bruson v. Railroad Co., 78 Mo. 514. The supreme court of the state, in a long line of decisions, have sustained the common-law doctrine, contended…
1Opinion of the CourtRombauer, J.
It has been for some years past a mooted question in this state, whether the rights of land owners, in regard to the flow of surface water over their land, including the control and diversion of such water to the injury of adjoining owners, should be determined by the rules of the common law or by the rules of the civil law.
This question must be considered to be set at rest by the exhaustive opinion, delivered by the supreme court at its present term in the case of Abbott v. Kansas City, St. Joe and Council Bluff Railroad Co. In that opinion the supreme court reviewing its former ruling…
2Cases cited10 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Wannell v. KemSupreme Court of Missouri · 1874
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1874
- Shane v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
- Imler v. City of SpringfieldSupreme Court of Missouri · 1874
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3Cited by3 opinions
- Gray v. SchriberMissouri Court of Appeals · 1894
- Grandstaff v. BlandMissouri Court of Appeals · 1912
- Rychlicki v. City of St. LouisSupreme Court of Missouri · 1889