Byrne v. Keokuk & Western Railroad
Missouri Court of Appeals
Appeal from the- Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. (1) The evidence shows that the alleged injury was caused by surface water flowing through a natural drain or ravine passing from the north of appellant’s railroad, and across its track, to the south edge of its right of wray, and entering the leased ground in question in its natural course or direction to another drain or ditch in the bottom leading on to the main channel of the river, and is, therefore,…
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Appeal from the- Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. (1) The evidence shows that the alleged injury was caused by surface water flowing through a natural drain or ravine passing from the north of appellant’s railroad, and across its track, to the south edge of its right of wray, and entering the leased ground in question in its natural course or direction to another drain or ditch in the bottom leading on to the main channel of the river, and is, therefore, damnum absque injuria. Jones v. Hamnoral, 55 Mo. 462 ; Hasher v. Railroad, 60 Mo. 329 ; Clark v. Railroad, 36 Mo. 224;…
1Opinion of the CourtBiggs, J.
The plaintiff obtained a judgment before a justice of the peace and also in the circuit court, and the defendant by successive appeals has brought the case here for review. The plaintiff seeks to recover damages to his growing crops from the overflow of surface water. The plaintiff in his statement alleged that the overflow and the consequent damage to his growing crops grew out of the failure of the defendant to comply with section-2614 of the Revised Statutes which reads: “ It shall be the duty of every corporation, company or person owning or operating any railroad or branch thereof in…
2Cases cited3 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Rychlicki v. City of St. LouisSupreme Court of Missouri · 1889
3Cited by8 opinions
- Lee v. GrupeCourt of Appeals of Texas · 1949
- Cox v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
- White v. Wabash Railroad Co.Missouri Court of Appeals · 1947
- Vollrath v. Wabash R. Co.District Court, W.D. Missouri · 1946
- Grimes v. St. Louis & Southwestern Railway Co.Missouri Court of Appeals · 1914
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