Grant v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Eon. J. L. Fort, Judge. (1) The water which was carried through the ditch being surface water, defendant was not liable for diverting the same, unless such diversion was done in a reckless or unskillful manner. Thompson v. Railroad, 137 Mo. App. 62; Mehonray v. Foaster, 132 Mo. App. 229; Beauchamp v. Taylor, 132 Mo. App. 92; Johnson v. Railroad, 111 Mo. App. 378; Abbott v. Railroad, 83 Mo. 280; Jones v. Railroad, 18 Mo.
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Appeal from Stoddard Circuit Court. — Eon. J. L. Fort, Judge. (1) The water which was carried through the ditch being surface water, defendant was not liable for diverting the same, unless such diversion was done in a reckless or unskillful manner. Thompson v. Railroad, 137 Mo. App. 62; Mehonray v. Foaster, 132 Mo. App. 229; Beauchamp v. Taylor, 132 Mo. App. 92; Johnson v. Railroad, 111 Mo. App. 378; Abbott v. Railroad, 83 Mo. 280; Jones v. Railroad, 18 Mo. App. 251; Schneider v. Railroad, 30 M;o. App. 620; B'enson v. Railroad, 78 Mo.' 513; McCormick v. Railroad, 57 Mo. 437; Webb v. Carter,…
1Opinion of the CourtCox, J.
Action for damages caused by defendant digging a ditch along its right of way, collecting water therein and discharging it in a body upon the premises of plaintiff. Trial by jury, verdict for plaintiff for two *309thousand dollars and defendant has appealed. The errors relied upon are the refusal of the court to sustain a demurrer to plaintiff’s testimony, and alleged error in the instructions given on the part of plaintiff, and in the refusal of instructions asked by defendant.
The evidence shows that in June, 1906, plaintiff purchased land adjoining and on the north side of the right of way of…
2Cases cited7 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Lewis v. City of SpringfieldMissouri Court of Appeals · 1910
- Ready v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
- Drew v. Wabash RailroadMissouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Coonis v. RogersSupreme Court of Missouri · 1968
- Fletcher v. City of IndependenceMissouri Court of Appeals · 1986
- In Re Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1931
- White v. Wabash Railroad Co.Missouri Court of Appeals · 1947
- Blankenship v. Kansas Explorations, Inc.Supreme Court of Missouri · 1930
11 more not listed; retrieve them via the Exa API.