George v. Wabash Western Railway Co.
Missouri Court of Appeals
Appeal from the Clay Circuit Court. — How. Joi-in'T. Chandler, Special Judge. (1) As the water complained of was merely such as overflowed from the creek in time of freshets, neither its obstruction nor diversion constituted a cause of action. Abbott v. Railroad, 83 Mo. 271; Jones v. Railroad, 84 Mo. 151; Moss v. Railroad, 85 Mo. 86; Jones v. Railroad, 18 Mo.
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Appeal from the Clay Circuit Court. — How. Joi-in'T. Chandler, Special Judge. (1) As the water complained of was merely such as overflowed from the creek in time of freshets, neither its obstruction nor diversion constituted a cause of action. Abbott v. Railroad, 83 Mo. 271; Jones v. Railroad, 84 Mo. 151; Moss v. Railroad, 85 Mo. 86; Jones v. Railroad, 18 Mo. App. 25. (2) Any recovery, on account of the diversion of the channel in 1868, is barred by the statute of limitations. James v. City of Kansas, 83 Mo. 567 ; Bird v. Railroad, 30 Mo. App. 365. (3) As trestle 604 was constructed by the…
1Opinion of the CourtSmith, P. J.
This was an action' commenced by the plaintiff against the defendant, in the circuit court of Clay county, for the recovery of damages. The *437petition, owing to its great length, and the many superfluous and redundant allegations it contained, cannot be set forth here. It alleged that, in the year 1868, the North Missouri Railway Company, in the construction of its roadway, through Clay county, wrongfully erected an embankment across Rush creek, at two different points, so that the current thereof was diverted from its usual course, and directed and driven along the north side of the roadbed of…
2Cases cited7 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Finney v. BerrySupreme Court of Missouri · 1875
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Turner v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Heath v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- James Halpin Manufacturing Co. v. School District of CaliforniaMissouri Court of Appeals · 1893
- Harris v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1910
- Weight v. Fonda & HigginsMissouri Court of Appeals · 1891
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
- State ex rel. Kaufman v. SitlingtonMissouri Court of Appeals · 1892
6 more not listed; retrieve them via the Exa API.