Grimes v. St. Louis & Southwestern Railway Co.
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Hon. W. 8. G. Walker, Judge. (1) Section 3150, on which this action is based, does not require the railroad company to construct or maintain openings through and across its roadbed and right of way, except to connect with ditches, drains or watercourses.
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Appeal from Dunklin Circuit Court. — Hon. W. 8. G. Walker, Judge. (1) Section 3150, on which this action is based, does not require the railroad company to construct or maintain openings through and across its roadbed and right of way, except to connect with ditches, drains or watercourses. In an action under this statute, the plaintiff must allege in his petition, and show at the trial, that there are ditches, drains, or watercourses with which the defendant company could connect the openings through and under its track, and unless this allegation be made, and by the proof sustained, no case…
1Opinion of the CourtNoetoni, J.
This is a suit for damages accrued to plaintiff because of the failure of defendant to construct and maintain openings across and through the right of way of its railroad, to afford an outlet for the waters accumulated on his land. Plaintiff recovered and defendant prosecutes the appeal.
The suit proceeds under the statute (Sec. 3150, E. S. 1909). It appears that the crops destroyed by water were growing in fields on plaintiff’s farm adjacent to defendant’s railroad and immediately north of it. Plaintiff’s farm consists of lowlands and to the north and west of it there is a range of hills. A…
2Cases cited4 opinions
- Grant v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1910
- Pace v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1913
- Byrne v. Keokuk & Western RailroadMissouri Court of Appeals · 1892
- Ranney v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909
3Cited by9 opinions
- Smithpeter v. Wabash RailroadSupreme Court of Missouri · 1950
- Jones v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1939
- Vollrath v. Wabash R. Co.District Court, W.D. Missouri · 1946
- Harris v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1930
- Temple v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1967
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