Goll v. Chicago & Alton Railway Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. S&muel Davis, Judge. (1) The first count in plaintiffs’ petition is based upon Sec. 3150, R. S. 1909. (2) By legislative enactment, since 1883, tbe right to recover damages for failure to maintain ditches and drains has been assured to every person suffering injury by such failure.
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Appeal from Lafayette Circuit Court. — Hon. S&muel Davis, Judge. (1) The first count in plaintiffs’ petition is based upon Sec. 3150, R. S. 1909. (2) By legislative enactment, since 1883, tbe right to recover damages for failure to maintain ditches and drains has been assured to every person suffering injury by such failure. R. S. 1889, sec. 2614; Laws 1891, p. 82; R. S. 1899, sec. 1110; Laws 1907, p. 169; Laws 1909, p. 359; R. S. 1909, sec. 3150; Cos v. Railroad, 174 Mo. 600. (3) The courts have long recognized the right of any person suffering injury because of failure of the railroad…
1Opinion of the Court
ROY, C.
-Plaintiffs sued for damages caused by overflow of land, alleging that such overflow was caused by the building of the embankment for the defendant’s railroad. A demurrer to the petition was sustained, and there was a. judgment accordingly, from which plaintiffs have appealed.
The parties have not furnished us with any plat of the situation, but we have made one in accordance with the facts so far as they appear to us, as'follows:. We have not shown Fish Creek on that plat, for the reason that its relative position is not shown by the petition or by the statement of the appellants.
*661The…
2Cases cited12 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1874
- Shane v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
- Jones v. HannovanSupreme Court of Missouri · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Happy v. KentonSupreme Court of Missouri · 1952
- Keener v. SharpSupreme Court of Missouri · 1937
- Anderson v. Inter-River Drainage & Levee DistrictSupreme Court of Missouri · 1925
- Gibson v. SharpMissouri Court of Appeals · 1955
- Smithpeter v. Wabash RailroadSupreme Court of Missouri · 1950
30 more not listed; retrieve them via the Exa API.