Zollman v. Baltimore & Ohio Southwestern Railroad
Indiana Court of Appeals
From Monroe Circuit Court; Robert W. Miers, Judge. Action by George W. Zollman against tbe Baltimore and Ohio Southwestern Bailroad Company. From a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtCaldwell, J.
Appellant is the owner of a 284-acre farm situate immediately east of the town of Medora, in Jackson county, through which, on an embankment, appellee’s railroad extends in a general direction of southwest and northeast, and so that the major portion of the farm is south of the railroad. South of the railroad and roughly paralleling it-flows White river in a southwesterly direction. At the time of the flood of 1913 appellee’s embankment broke, and as a consequence large quantities of water impounded on the north side thereof were suddenly discharged upon appellant’s lands south of the…
2Cases cited45 opinions
- Haj v. American Bottle Co.Illinois Supreme Court · 1913
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SmithIndiana Supreme Court · 1912
- Malott v. Central Trust Co.Indiana Supreme Court · 1906
- Gulf, Colorado & Santa Fe Railway Co. v. PomeroyTexas Supreme Court · 1887
- Ensley v. StateCourt of Criminal Appeals of Oklahoma · 1910
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3Cited by10 opinions
- Garden City Co. v. BurdenCourt of Appeals for the Tenth Circuit · 1951
- Childs v. RayburnIndiana Court of Appeals · 1976
- Smith v. BD. OF CTY. ROAD COMRS. OF CHIPPEWA CTY.Michigan Supreme Court · 1968
- Southern Indiana Gas & Electric Co. v. WinsteadIndiana Court of Appeals · 1931
- Central Indiana Railroad v. MikesellIndiana Court of Appeals · 1966
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