Ogden v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Him. Joshua W. Alexander, Judge. Statement. — This action was instituted in the circuit court of Daviess county, Missouri, on the seventh day of June, 1905, for the purpose of recovering from the defendant damages for injuries to plaintiff’s crop of corn by the overflow of Weldon’s Fork of Grand River, and the flooding of the lands which plaintiff was farming there in the latter part of July, 1902. Weldon’s Fork of Grand River runs from…
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Appeal from Daviess Circuit Court. — Him. Joshua W. Alexander, Judge. Statement. — This action was instituted in the circuit court of Daviess county, Missouri, on the seventh day of June, 1905, for the purpose of recovering from the defendant damages for injuries to plaintiff’s crop of corn by the overflow of Weldon’s Fork of Grand River, and the flooding of the lands which plaintiff was farming there in the latter part of July, 1902. Weldon’s Fork of Grand River runs from the northeast to the southwest, as it passes Mill Grove in Mercer county, Missouri, and the river bottom at M'ill Grove,…
1Opinion of the CourtBroaddus, P. J.
There are certain matters which appear on- the face of the record proper which are sufficient for the purpose of determining the sole question in the case; viz., res adjudicata. The present action is for negligence in not keeping the bed of the stream unobstructed. The difference is a mere matter of detail, and all that is stated in the present suit was a matter properly for adjudication in the first case. The cause of negligence in both are the alleged acts of defendant in obstructing the flow of water that accumulated on the bottoms and in the stream itself.
The former judgment of the court…
2Cases cited10 opinions
- Garland v. SmithSupreme Court of Missouri · 1901
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Donnell v. WrightSupreme Court of Missouri · 1899
- Greenabaum v. ElliottSupreme Court of Missouri · 1875
- Summet v. City Realty & Brokerage Co.Supreme Court of Missouri · 1907
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3Cited by5 opinions
- Panos v. Great Western Packing Co.California Supreme Court · 1943
- Hess v. HessMissouri Court of Appeals · 1938
- Norman's Land & Manufacturing Co. v. Idalia Realty & Development Co.Missouri Court of Appeals · 1920
- Searcy v. SearcyMissouri Court of Appeals · 1917
- Pollack v. PollackMissouri Court of Appeals · 1923