Munkres v. Kansas City, St. Joseph & Council Bluffs Railroad

This was an action to recover damages for the diversion by the defendant of a certain stream of water from its natural course and channel whereby plaintiff’s fields were flooded and injured. The testimony was conflicting as to whether the water diverted was that of a running stream or natural water course, or whether it was simply surface water.

The court, of its own motion, instructed the jury as follows;

1. The relinquishment of the right of way read in evidence, authorized the railroad company to enter upon the plaintiff’s lands and construct its road in the usual manner of building roads,…