Harrelson v. Kansas City & Atlantic Railroad
Supreme Court of Missouri
Appeal from Olay Oircuii Gourt. — Hon. D. O. Allen, Special Judge. (1) Tbis suit may be maintained against both defendants, and this, too, though each road owns a separate right of way, and though each road built and maintains a separate dam or embankment.
Read the full summary
Appeal from Olay Oircuii Gourt. — Hon. D. O. Allen, Special Judge. (1) Tbis suit may be maintained against both defendants, and this, too, though each road owns a separate right of way, and though each road built and maintains a separate dam or embankment. In the first place the relief, to be of any avail, must be against both defendants; and in the second place the rule is well settled that it is proper, in equity cases like this, to join all parties who have a common interest in the question to be tried. It is not necessary that there should be a privity in estate, or any joint ownership in…
1Opinion of the CourtValliant, J.
This is a suit in equity in which the plaintiff seeks to require each of the defendants to make an opening in its railroad embankment to permit a stream of water to flow in what the plaintiff alleges is its natural course. The petition states that the plaintiff is the owner of a certain section of land in Olay corinty, through the north half of which there are high bluffs extending east and west; that the lands to the north of the bluffs are high lands, and those to the south are river-bottom lands under cultivation and of great value for agriculture; that there are two branches, natural *493water…
2Cases cited11 opinions
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1874
- Landrum v. Union BankSupreme Court of Missouri · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Powell v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1908
- Williamson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1905
- Hagge v. Kansas City S. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1900
- Cambest v. McComas Hydro-Electric Co.Missouri Court of Appeals · 1922
1 more not listed; retrieve them via the Exa API.