Legal Opinion

Grandstaff v. Bland

Missouri Court of Appeals

Decided June 4, 1912PublishedCited by 5 opinions

Appeal from Clark Circuit Court. — New. C. D. Stewart, Judge. (1) Plaintiffs’ canse of action is based upon tbe charge that defendant is obstructing the channel of a natural watercourse by building a dam across it and diverting the water therefrom unto plaintiffs’ lands. To make out their cause of action plaintiff must- prove that Doe branch is a natural watercourse. Benson v. Railroad, 78 Mo. 504; Jones v. Railroad, 18 Mo. App. 251; Webb v. Carter, 121 Mo.

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Appeal from Clark Circuit Court. — New. C. D. Stewart, Judge. (1) Plaintiffs’ canse of action is based upon tbe charge that defendant is obstructing the channel of a natural watercourse by building a dam across it and diverting the water therefrom unto plaintiffs’ lands. To make out their cause of action plaintiff must- prove that Doe branch is a natural watercourse. Benson v. Railroad, 78 Mo. 504; Jones v. Railroad, 18 Mo. App. 251; Webb v. Carter, 121 Mo. App. 147; Hoester v. Hemsath, 16 Mo. App. 485. (2) It being regarded as surface water, defendant’s right to dig the ditch and to drain…

1Opinion of the CourtEeynolds, P. J.

— This is a suit hy plaintiffs, respondents here, for a mandatory injunction — mandatory in that it asks that defendant, appellant here, be required to remove a dam and fill up a ditch and remove a levee alleged to have been constructed by him along what is called a natural watercourse running through the south of defendant’s farm and in a northeasterly direction and after passing through plaintiffs’ farms and through the southwest corner of an adjoining farm thence in a southeasterly course, as it is claimed — and injunctive, in asking that defendant be restrained from further damming up or…

2Cases cited8 opinions

  1. Hoyt v. City of HudsonWisconsin Supreme Court · 1871
  2. Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
  3. Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
  4. Cox v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
  5. Webb v. CarterMissouri Court of Appeals · 1906

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Gibson v. SharpMissouri Court of Appeals · 1955
  2. Young v. MooreMissouri Court of Appeals · 1951
  3. Minton v. SteakleyMissouri Court of Appeals · 1971
  4. Franke v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1972
  5. Dick v. ShannonMissouri Court of Appeals · 1980

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