Pace v. St. Louis Southwestern Railway Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) Section 3150 on which, this action is based does not require a railroad company to construct or maintain openings across or ditches along the sides of its roadbed except to connect with ditches, drains or watercourses..
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Appeal from Stoddard Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) Section 3150 on which, this action is based does not require a railroad company to construct or maintain openings across or ditches along the sides of its roadbed except to connect with ditches, drains or watercourses.. In an action under this statute the. plaintiff must show that there are ditches, drains or watercourses with which the defendant company could have connected such ditches or openings, and unless the proof shows this no case is made under this statute. Field v. Railroad, 21 Mo. App. 600; Byrne v. Railroad,…
1Opinion of the CourtNortoni, J.
This is a suit for damage to growing crops. Plaintiffs recovered and defendant prosecutes the appeal.
The suit proceeds on the grounds of negligence for the failure of defendant to observe the duty enjoined by statute upon railroad companies to construct and -maintain- suitable ditches and drains along each side of the railroad, to connect with ditches and drains or watercourses, so as to afford sufficient outlet to carry off water which the embankment of such railroads may obstruct.
It appears defendant’s railroad passes through plaintiffs’ farm in Stoddard county, which consists principally…
2Cases cited13 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Fugate v. PierceSupreme Court of Missouri · 1872
- Curd v. BrownSupreme Court of Missouri · 1899
- Scrutchfield v. SauterSupreme Court of Missouri · 1894
- Donovan v. GriffithSupreme Court of Missouri · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smithpeter v. Wabash RailroadSupreme Court of Missouri · 1950
- Jones v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1939
- Murphy v. St. Louis, San Francisco RailroadMissouri Court of Appeals · 1920
- Vollrath v. Wabash R. Co.District Court, W.D. Missouri · 1946
- Blackburn v. Carlson Seed CompanyMissouri Court of Appeals · 1959
4 more not listed; retrieve them via the Exa API.