Culver v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. O. M.. Spencer, Judge. Statement of the case by the court. This is an action for damages for overflowing, and thereby injuring, plaintiff’s property at Rushville, Missouri.
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Appeal from the Buchanan Circuit Court. — Hon. O. M.. Spencer, Judge. Statement of the case by the court. This is an action for damages for overflowing, and thereby injuring, plaintiff’s property at Rushville, Missouri. “The amended petition, on which it was. tried, was filed, January 11, 1889. It states, in substance, that plaintiff was the owner of lots 1 to 4,. inclusive, in block 9, and lots 1 to 4, inclusive, in block. 10, in Jones’ addition, and block 10, in Wells’ and Newman’s addition to the town of Rushville, Buchanan county, Missouri, and that, before June, 1873, a stream, of water,…
1Opinion of the Court
Gill, J. —
In answer to points 1, 2 and 3 of defendant’ s brief, we must say that, upon reading the record, we cannot concur with the learned counsel in the statements made, to-wit, that there was no evidence to support 'the verdict, and that plaintiff had departed from his case set out in the petition, had set up one alleged cause of action, and had introduced evidence to support only another and different cause of action.
The matters complained of, as resulting in the damaging overflow in 1885, and as set out in plaintiff’s petition are : The faulty construction of the bridge, or trestle,…
2Cases cited9 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Davis v. BrownSupreme Court of Missouri · 1878
- James v. City of KansasSupreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pickens v. Coal River Boom Co.West Virginia Supreme Court · 1909
- Howard County v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Bunten v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1892
- Barnett v. St. Francis Levee DistrictMissouri Court of Appeals · 1907
- Stephenville, N. & S. T. Ry. Co. of Texas v. YatesCourt of Appeals of Texas · 1912