Legal Opinion

Harris v. Lincoln & Northwestern Railway Co.

Nebraska Supreme Court

Decided September 28, 1912No. 16,646PublishedCited by 12 opinions

Appeal from the district court for Lancaster county: Willard E. Stewart, Judge.

1Opinion of the CourtBarnes, J.

Action for damages alleged to have been sustained by plaintiffs, by reason of the construction of that part of defendants’ railroad near the city of Lincoln, known as the “Denton cut-off,” which, it is alleged, caused the waters of Middle creek to flow over, across and upon the plaintiffs’ land, destroying the crops "growing thereon, and permanently injuring the land itself.

It was alleged in the plaintiffs’ petition that the defendants in constructing their line of railroad established and made dikes and dams, and negligently, carelessly and recklessly filled and dammed up the natural…

2Cases cited5 opinions

  1. Blakeley v. Chicago, Kansas & Nebraska RailwayNebraska Supreme Court · 1888
  2. Omaha Belt Railway Co. v. McDermottNebraska Supreme Court · 1889
  3. Treichel v. Great Northern Railway Co.Supreme Court of Minnesota · 1900
  4. City of Harvard v. CrouchNebraska Supreme Court · 1896
  5. Chicago, Rock Island & Pacific Railway Co. v. StureyNebraska Supreme Court · 1898

3Cited by12 opinions

  1. Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
  2. Stolting v. EverettNebraska Supreme Court · 1952
  3. Faught v. Dawson County Irrigation Co.Nebraska Supreme Court · 1945
  4. Seibold v. WhippleNebraska Supreme Court · 1943
  5. Deitloff v. City of NorfolkNebraska Supreme Court · 1968

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