Chicago, Kansas & Nebraska Railway Co. v. Steck
Supreme Court of Kansas
Error from Wabaunsee Eistriot Court. Action by Steak against the Railway Company to rec iver damages. Judgment for plaintiff, October 10, 1889, for $288.50. The defendant comes here. The opinion states the facts. 1. The court erred in finding for the plaintiff below.
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Error from Wabaunsee Eistriot Court. Action by Steak against the Railway Company to rec iver damages. Judgment for plaintiff, October 10, 1889, for $288.50. The defendant comes here. The opinion states the facts. 1. The court erred in finding for the plaintiff below. The undisputed evidence shows that the water, the obstruction of which is complained of, was merely surface water; that the laud over which it flowed was bottom land; that the drains that were filled up by the construction of the railway were built by the plaintiff below some years prior to the construction of the railway, and…
1Opinion of the Court
*740The opinion of the court was delivered by
Johnston, J.:
This was an action by Alois Steck to recover damages from the Chicago, Kansas & Nebraska Railway Company, resulting from the alleged obstruction of a watercourse, which dammed the waters and overflowed his cultivated land and destroyed crops of the value of $1,000. Prior to 1886, Steck was the owner of a tract of bottom land extending along Mill creek, and in that year he sold a strip of the same 100 feet wide to the railway company, upon which to build its railroad, and conveyed the fee-simple title by a deed of general warranty. In the…
2Cases cited7 opinions
- Palmer v. WaddellSupreme Court of Kansas · 1879
- Gibbs v. WilliamsSupreme Court of Kansas · 1881
- O'Connor v. Fond du Lac, Amboy & Peoria Railway Co.Wisconsin Supreme Court · 1881
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- Kansas City & Emporia Railroad v. RileySupreme Court of Kansas · 1885
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3Cited by9 opinions
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- Marshall v. Wichita & Midland Valley RailroadSupreme Court of Kansas · 1915
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