Bird v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from the Marion Circuit Court, Hon. Theodore Brace, Judge. Plaintiffs in their petition base their action on the insufficient ■capacity of the stone culvert. ■ They recover upon proof showing that the channel of the stream leading to it was ■ entirely obstructed through Evans’ field; that a new culvert and new channel was provided in lieu of the old, and that this becoming choked and obstructed caused the flooding of the land.
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Appeal from the Marion Circuit Court, Hon. Theodore Brace, Judge. Plaintiffs in their petition base their action on the insufficient ■capacity of the stone culvert. ■ They recover upon proof showing that the channel of the stream leading to it was ■ entirely obstructed through Evans’ field; that a new culvert and new channel was provided in lieu of the old, and that this becoming choked and obstructed caused the flooding of the land. The plaintiff cannot sue upon ■one cause of action and recover upon another. Clement 10. Yeates, 69 Mo. 623 ; Ensworth v. Barton, 60 Mo. 511; Beck v. Ferrara, 19…
1Opinion of the CourtRombauer, P. J.
As the appellant’s main complaint in this case relates to the rulings of the court on the pleadings, to its rulings on questions of prescription and limitation, and to the fact that the plaintiffs were permitted to recover on another cause of action than the one stated *370in their petition, it becomes essential to set out the pleadings in detail.
The plaintiffs, in their petition, state the following facts : They are, and were at the date of the grievances complained of, owners in possession of certain lands on the banks of a natural water-course and stream known as Bird’s branch, which, after…
2Cases cited17 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Mooney v. KennettSupreme Court of Missouri · 1854
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
- Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Bunten v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1892
- Powers v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
- Autenrieth v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1889
11 more not listed; retrieve them via the Exa API.