Shoemaker v. St. Louis & San Francisco Railway Co.
Supreme Court of Kansas
Error from Greenwood District Court. At the December Term, 1882, of the district court, the defendant Railway Company had judgment against plaintiff Shoemaker, who brings the case to this court. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The petition of the plaintiff contains three ■counts. The first alleges, inter alia, that the railway company, by its agents and employés, changed and altered the ■course and channel of the stream fed by surface-water, known as “Salt creek,” running through plaintiff’s lands, and made *360a new channel for said stream of water," thereby forcing the water of the stream from its usual channel into a ditch made by the company, and from thence it ran upon and overflowed cultivated fields of the plaintiff, to his damage in the sum of-$150. The…
2Cases cited1 opinion
- Atchison, Topeka & Santa Fé Railroad v. MaherSupreme Court of Kansas · 1879
3Cited by5 opinions
- Francis v. BrockSupreme Court of Kansas · 1909
- Bank of Topeka v. MillerSupreme Court of Kansas · 1898
- St. Louis & San Francisco Railway Co. v. ShoemakerSupreme Court of Kansas · 1888
- St. Louis & San Francisco Railway Co. v. BrickerSupreme Court of Kansas · 1899
- Wood v. Union Pacific RailroadSupreme Court of Kansas · 1913