Webb v. Carter
Missouri Court of Appeals
Appeal from Wayne Circuit Court. — No». E. M. Bearing, Judge. (1) All the instructions given on part of plaintiff were erroneous. The water which caused the injury was surface water, and, therefore, defendants are not liable. Johnson v. Railroad, 111 M'o. App. 378; Abbott v. Railroad, 83 Mo. 280; Jones v. Railroad, 18 Mo. App. 251. (2) Water supplied by rain, although running through a natural depression, is nothing more than surface water. Gray v. Schreiber, 58 Mo.
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Appeal from Wayne Circuit Court. — No». E. M. Bearing, Judge. (1) All the instructions given on part of plaintiff were erroneous. The water which caused the injury was surface water, and, therefore, defendants are not liable. Johnson v. Railroad, 111 M'o. App. 378; Abbott v. Railroad, 83 Mo. 280; Jones v. Railroad, 18 Mo. App. 251. (2) Water supplied by rain, although running through a natural depression, is nothing more than surface water. Gray v. Schreiber, 58 Mo. App. 177; Schneider v. Railroad, 29 Mo. App. 68. (3) Plaintiff sued on one cause of action, to-wit: the negligent construction…
1Opinion of the CourtGoode, J.
Plaintiff owns the north half of the northeast quarter of section 21, and the northwest quarter of section 22, township 29, range 2, east, in Reynolds county, Missouri, through which Logan’s creek runs in a southerly direction. On the east side of the creek, plaintiff had a field of twenty acres in cultivation. In January, 1903, defendants erected a sawmill on the west side of the creek, a short distance above plaintiff’s land. The mill stands several rods back from the creek. Soane distance above the mill, a swale or slough starts froan the west bank of the creek, runs south past the mill…
2Cases cited14 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Happy v. KentonSupreme Court of Missouri · 1952
- Keener v. SharpSupreme Court of Missouri · 1937
- Corrington v. KalicakMissouri Court of Appeals · 1959
- Kelso v. C. B. K. Agronomics, Inc.Missouri Court of Appeals · 1974
- Jones v. Des Moines & Mississippi River Levee District No. 1Missouri Court of Appeals · 1963
9 more not listed; retrieve them via the Exa API.