Hawkins v. Burlington Northern, Inc.

I respectfully dissent from the principal opinion herein.

In the case of White v. Wabash R. R., 240 Mo.App. 344, 207 S.W.2d 505 (1947), Judge Cave, writing for the Kansas City Court of Appeals, reviewed the subject of *604the obligations imposed upon railroad companies under § 5222 RSMo 1939, the predecessor statute of § 389.660 RSMo 1969, V. A.M.S. After discussing various cases which had considered the law of Missouri with respect with surface water, the court said, 207 S.W.2d l.c. 509:

“But plaintiffs contend that, even under the common-law doctrine, the dominant proprietor, in his fight against…