Legal Opinion

McCormick v. Kansas City, St. Joseph & Council Bluffs Railroad

Supreme Court of Missouri

Decided August 15, 1874PublishedCited by 38 opinions

Error to Buchanan Circuit Court; cited in argument, Waffle vs. N. Y. O. E. E., 58 Barb., 422; Goodale vs. Tuttle, 29 N. Y., 459 ; Martin vs. Eiddle, 26 Penn. St., 415 ; I. 0. E. E. Co. vs. Grabell, 50 111., 242; Driver vs. Western Union E. E. Go., 32 Wis., 569; Sess.

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Error to Buchanan Circuit Court; cited in argument, Waffle vs. N. Y. O. E. E., 58 Barb., 422; Goodale vs. Tuttle, 29 N. Y., 459 ; Martin vs. Eiddle, 26 Penn. St., 415 ; I. 0. E. E. Co. vs. Grabell, 50 111., 242; Driver vs. Western Union E. E. Go., 32 Wis., 569; Sess. Acts, 1855-6, p. 406 ; Local Laws, 1855, p. 234; Brown vs. Caynga & Susquehanna E. E. Co., 2 Kern., 491 ; Hooker vs. New Haven and New Hamilton Canal, 14 Conn., 146; Baughton vs. Carter, 18 Johns., 404; Bradley vs. N. Y. & N. H. E. E. Co., 21 Conn., 293. I. Damages assessed for the right of way do not include compensation for…

1Opinion of the CourtVories, Judge

This action was brought by the plaintiff to recover damages of the defendant, which it was charged were caused by the negligent turning of alargebody of water, by the defendant, upon and over the lands of the plaintiff.

The petition, after stating that the defendant was a corporation owning and operating a railroad in Buchanan County, and that the plaintiff was the owner of a tract of land adjoining to and on the west side of said railroad, proceeded to state, that on the east side of said railroad and opposite plaintiff’s land, a large quantity of surface water was accustomed to stand and…

2Cases cited3 opinions

  1. Goodale v. . TuttleNew York Court of Appeals · 1864
  2. Imler v. City of SpringfieldSupreme Court of Missouri · 1874
  3. Waffle v. New York Central RailroadNew York Supreme Court · 1870

3Cited by38 opinions

  1. Heins Implement Co. v. Missouri Highway & Transportation CommissionSupreme Court of Missouri · 1993
  2. Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
  3. Cass v. DicksWashington Supreme Court · 1896
  4. Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
  5. Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888

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