Brittain v. Graham
Missouri Court of Appeals
Appeal from Clark Circuit Court.- — Hon. Bdwin B. McKee, Judge. (1) The courts of this State have, from the beginning, repeatedly decided that an owner of land can not collect surface water into an artificial channel, and then cast it upon the land of his neighbor. Benson v. Railroad, 18 Mo. 5Ó4; Rychlicki v. St. Louis, 98 Mo. 497; Paddock v. Somes, 102 Mo. 226; Byrne v. Railroad, 47 Mo.
Read the full summary
Appeal from Clark Circuit Court.- — Hon. Bdwin B. McKee, Judge. (1) The courts of this State have, from the beginning, repeatedly decided that an owner of land can not collect surface water into an artificial channel, and then cast it upon the land of his neighbor. Benson v. Railroad, 18 Mo. 5Ó4; Rychlicki v. St. Louis, 98 Mo. 497; Paddock v. Somes, 102 Mo. 226; Byrne v. Railroad, 47 Mo. App. 383; Payne v. Railroad, 112 Mo. 6; McCormick v. Railroad, 70 Mo. 359. (2) And the rule will, as a matter of course, equally apply where he causes th-e same result by constructing a ditch connecting with…
1Opinion of the CourtBland, P. J.
— Plaintiff is the owner of the southeast quarter of section twenty-one and of the northeast quarter of section twenty-eight, township sixty-four, range six west, situated in Clark county. The defendant is the owner of the *662northeast quarter of section twenty-one, same township and range. It will be observed from the description of the two tracts that defendant's land is bounded on the south and east by the land of the plaintiff. Both tracts lie between the Mississippi river and the bluffs west of that river, and are bottom lands.
The plaintiff inherited her land from her father, Charles…
2Cited by1 opinion
- Lower v. StateNebraska Supreme Court · 1921