Bunderson v. Burlington & Missouri River Railroad Co.
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Keysor, J.' The case is stated by the commissioner. It was the duty of the company to provide reasonable means for the passage of surface water. It could not with impunity treat all surface water coming naturally upon the ■right of way as a “common enemy,” and erect artificial barriers against it without regard to the rights of others.
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Error from the district court of Douglas county. Tried below before Keysor, J.' The case is stated by the commissioner. It was the duty of the company to provide reasonable means for the passage of surface water. It could not with impunity treat all surface water coming naturally upon the ■right of way as a “common enemy,” and erect artificial barriers against it without regard to the rights of others. I Gormley v. Sanford, 52 111., 158; Livingston v. McDonald, 21 la., 172; Martin v. Riddle, 26 Pa. St., 415; Crabtree v. Balter, 75 Ala., 91; Nininger v. Norwood, 72 Ala.,277;. Hughes v.…
1Opinion of the Court
Ryan, C.
In the district court of Douglas county plaintiff.in error claimed damages of the defendant because of an embankment which, by reason of its alleged negligent construction and the omission to provide for an outlet for the overflow waters of Big Papillion and Little Papillion creeks, had caused lands, of which plaintiff was tenant, to be overflowed, and his growing crops thereon to be destroyed. The nature of the overflow complained of was described by a son of plaintiff as that which occasionally came down through a depression between the two streams, which was somewhat obstructed by…
2Cases cited9 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- People v. FoleyMichigan Supreme Court · 1887
- Anheuser-Busch Brewing Ass'n v. PetersonNebraska Supreme Court · 1894
- Fremont, Elkhorn & Missouri Valley Railroad v. MarleyNebraska Supreme Court · 1888
- Morrissey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jacobson v.Van BoeningNebraska Supreme Court · 1896
- Town v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1897
- Lincoln & Black Hills Railroad v. SutherlandNebraska Supreme Court · 1895
- Miksch v. TasslerNebraska Supreme Court · 1922
- Compton v. Elkhorn Valley Drainage DistrictNebraska Supreme Court · 1930
1 more not listed; retrieve them via the Exa API.