Morrissey v. Chicago, Burlington & Quincy Railroad
Nebraska Supreme Court
Error from the district court of Johnson county. Tried below before Broady, J. The opinion contains a statement of the case. Where waters of a stream disperse themselves over low ground, without any well marked course, but gather- up lower down into a defined channel, they are not surface water while in the dispersed state, and interference with them gives the inj ured party a right of action.
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Error from the district court of Johnson county. Tried below before Broady, J. The opinion contains a statement of the case. Where waters of a stream disperse themselves over low ground, without any well marked course, but gather- up lower down into a defined channel, they are not surface water while in the dispersed state, and interference with them gives the inj ured party a right of action. (O’ Connell v. East Tennessee, V. & G. JR. Co., 13 S. E. Rep. [G-a.], 489; Maeomber v. Godfrey, 108 Mass., 219; Gilletl v. Johnson, 30 Conn., 180; Briscoe v. Drought, 2 Ir. C. L., 250; West v.- Taylor,…
1Opinion of the Court
Ryan, C.
Plaintiff sued the defendant in the district court oi Johnson county, Nebraska, for damages which plaintiff alleged had been caused him by the defendant’s improper, •negligent, and careless construction of a portion of its railroad, whereby the normal flowage of water over the land -of plaintiff was greatly increased, causing the destruction, in 1888 and 1889, of crops and personal property thereon situated. Issue was duly joined and a trial resulted in a verdict for the defendant in accordance with the direct instructions of the court so to find.
The line of railroad of the defendant,…
2Cases cited26 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
21 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Todd v. York CountyNebraska Supreme Court · 1904
- Snyder v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1944
- Anheuser-Busch Brewing Ass'n v. PetersonNebraska Supreme Court · 1894
- Chicago, Burlington & Quincy Railroad v. EmmertNebraska Supreme Court · 1897
- Fremont, Elkhorn & Missouri Valley Railroad v. HarlinNebraska Supreme Court · 1897
23 more not listed; retrieve them via the Exa API.