Heins Implement Co. v. Missouri Highway & Transportation Commission

PRICE, Judge.

The principal issue raised by this appeal is whether the modified common enemy doctrine should be applied to bar recovery by landowners and tenants whose property was flooded because a culvert under a highway bypass was not designed to handle the normal overflows from a nearby creek. We conclude that the common enemy doctrine no longer reflects the appropriate rule in situations involving surface water runoff and adopt a doctrine of reasonable use in its stead. We reverse the trial court’s grant of judgment notwithstanding the verdict and remand.

I. Background

A defendant’s motion…