Powers v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The demurrer to the evidence ought to have been sustained. The embankment and canal were permanent structures, and the damage, therefore, suffered in 1876, was an original injury, for which compensation, present and prospective, could have been recovered. The suit not having been brought within five years after the overflow of 1876, the statute of limitations barred a recovery afterwards. Bunten v. Railroad, 41 Eed.
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Transferred from St. Louis Court of Appeals. (1) The demurrer to the evidence ought to have been sustained. The embankment and canal were permanent structures, and the damage, therefore, suffered in 1876, was an original injury, for which compensation, present and prospective, could have been recovered. The suit not having been brought within five years after the overflow of 1876, the statute of limitations barred a recovery afterwards. Bunten v. Railroad, 41 Eed. Rep. 750; s. c., 50 Mo. App. 422; Powers v. City of Council Bluffs, 45 Iowa, 652; Railroad v. Mihlman, 17 .Kan. 224; Troy v.…
1Opinion of the CourtMarshall, J.
Action for damages to plaintiff’s land caused by an alleged nuisance maintained by defendant on its land.
In 1867 John Tullock owned 'the' northwest quarter of section fifteen, township thirty-five north, range four east, in St. Erancois county, through which tract the St. Erancois river ran. He also owned the northwest quarter of the northeast quarter of section fifteen, which adjoined the first named tract upon the east.
On the 10th of July, 1867, he conveyed by deed to Thomas Allen, for the St. Louis, Iron Mountain and Southern Railway Company, “a right-of-way, one hundred feet wide with…
2Cases cited11 opinions
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1873
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1871
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3Cited by11 opinions
- Rebel v. Big Tarkio Drainage District of Holt CityMissouri Court of Appeals · 1980
- Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Campbell v. AndersonMissouri Court of Appeals · 1993
- Bollinger v. American Asphalt Roof Corp.Missouri Court of Appeals · 1929
- Atchison, T. & S. F. Ry. Co. v. HadleySupreme Court of Oklahoma · 1934
6 more not listed; retrieve them via the Exa API.