Kansas Pacific Railway v. Mihlman
Supreme Court of Kansas
Error from Riley Eistriet Court. Trespass, brought by Mihlman, to recover for injuries to his lands and crops. His petition was filed 20th May 1874; and after the formal parts, and the allegation that the lands overflowed “for a long time prior thereto had been cultivated ■ for and as a farm,” said petition averred — “That prior to the — day of-1871, the defendant company made a culvert and ditch adjacent to and partly on plaintiff’s aforesaid premises, which said culvert…
Read the full summary
Error from Riley Eistriet Court. Trespass, brought by Mihlman, to recover for injuries to his lands and crops. His petition was filed 20th May 1874; and after the formal parts, and the allegation that the lands overflowed “for a long time prior thereto had been cultivated ■ for and as a farm,” said petition averred — “That prior to the — day of-1871, the defendant company made a culvert and ditch adjacent to and partly on plaintiff’s aforesaid premises, which said culvert and ditch the defendant has since maintained, and by means of such culvert and ditch the defendant has diverted the waters…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Mihlman was the owner of a tract of land in Riley county. In December .1866, he deeded the right-of-way through said land to the railway company, plaintiff in error, for its railroad. Prior to 1868 the road was constructed over this right-of-way. It is not claimed that the road was not built on the tract deeded, nor that it was unskillfully built. The road crossed at right angles a ravine which seems to have drained quite an extent of territory, and through which ran after a heavy rain a large volume of surface-water. It does not appear to…
2Cases cited3 opinions
- Northrop v. . HillNew York Court of Appeals · 1874
- Chase v. New York Central Rail RoadNew York Supreme Court · 1857
- Hanse v. CowingNew York Supreme Court · 1869
3Cited by69 opinions
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- City Council v. LombardSupreme Court of Georgia · 1897
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Atkinson v. KirkpatrickSupreme Court of Kansas · 1913
64 more not listed; retrieve them via the Exa API.