Schneider v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Yernon Circuit Court, Hon. Ciiables Gr. Bubton, Judge. Statement of case by the court. This was an action for the recovery of damages caused to plaintiff’s land, crops, and grass, etc., by overflow, occasioned, as alleged, by the defendant’s negligence. The negligence charged is in the construction and maintenance of the approaches to the railroad bridge of defendant across the Marmaton river in Yernon* county.
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Appeal from Yernon Circuit Court, Hon. Ciiables Gr. Bubton, Judge. Statement of case by the court. This was an action for the recovery of damages caused to plaintiff’s land, crops, and grass, etc., by overflow, occasioned, as alleged, by the defendant’s negligence. The negligence charged is in the construction and maintenance of the approaches to the railroad bridge of defendant across the Marmaton river in Yernon* county. The approaches are alleged to be “a solid earthen embankment of an average height, above the level of the surrounding bottoms and other lands, of about eight feet,” about…
1Opinion of the CourtHale, J.
The only question in this case is as to the correctness of the two instructions given for the plaintiff. That question is, was it the duty of defendant, under the facts hypothetically stated in the instructions, to have made in the railroad embankment sufficient openings and water-ways to carry off the surplus water \ The water which overflowed the banks of the Marmaton river and spread over the surrounding country was surface water. McCormick v. Railroad, 57 Mo. 438. The duty of the defendant, under the facts stated, was no greater than would have been the duty of any other land proprietor…
2Cases cited11 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- Bicker v. Charter Oak Life InsuranceSupreme Court of Minnesota · 1880
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3Cited by14 opinions
- Chicago & Alton Railroad v. TranbargerSupreme Court of the United States · 1915
- Miller v. LetzerichTexas Supreme Court · 1932
- Cass v. DicksWashington Supreme Court · 1896
- Goll v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1917
- Missouri Pacific Railway Co. v. KeysSupreme Court of Kansas · 1895
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