Chambers v. Chicago Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court.— Hon, Henry M. Barney, Judge. (1) To justify the giving of this instruction the plaintiff’s evidence must have tended to prove: First., That the defendant negligently permitted the pipe to become and remain choked and obstructed as therein stated : Second. That the defendant knew or by the exercise of ordinary care could have known of such condition, and failed to clear away the obstruction; and: Third.
Read the full summary
Appeal from Buchanan Circuit Court.— Hon, Henry M. Barney, Judge. (1) To justify the giving of this instruction the plaintiff’s evidence must have tended to prove: First., That the defendant negligently permitted the pipe to become and remain choked and obstructed as therein stated : Second. That the defendant knew or by the exercise of ordinary care could have known of such condition, and failed to clear away the obstruction; and: Third. That the waters of the branch were by such obstruction caused to accumulate on plaintiff’s land and damaged it. There was no evidence of any of these facts.…
1Opinion of the CourtEllison, J.
The plaintiff is the owner of land near defendant’s line of railway. The petition is in two counts. In the first he charges that the land was overflowed in consequence of defendant’s construction of its road over the bed of the branch. In which construction an iron pipe was placed for the water to pass through and the bed of the said road made solid around the pipe. That this pipe was too small for the free discharge of water resulting from ordinary rainfalls. Furthermore, that defendant permitted weeds, cornstalks, fence rails and other debris, which was washed down and found lodgment in the…
2Cited by2 opinions
- Farmers Loan & Trust Co. v. Southern Surety Co.Supreme Court of Missouri · 1920
- State v. FraserMissouri Court of Appeals · 1912