James v. Kansas City, Pittsburg & Gulf Railroad
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. J. C. Lams on, Judge. The common law doctrine with reference to surface water has been repeatedly declared and adopted in the decisions of the highest courts of this state. Abbott v. B. B., 83 Mo. 271; Field v. B. B., 21 Mo. App. 600; Gray v. Schribner, 58 Id. 173; Benson v. B. B., 75 Mo. 504. See, also, Moss v. B. B., 85 Mo. 86; JR. B. v. Keyes, 55 Kan. 205; Gollins v. B. B., 48 Mo.
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Appeal from the Newton Circuit Court. — Hon. J. C. Lams on, Judge. The common law doctrine with reference to surface water has been repeatedly declared and adopted in the decisions of the highest courts of this state. Abbott v. B. B., 83 Mo. 271; Field v. B. B., 21 Mo. App. 600; Gray v. Schribner, 58 Id. 173; Benson v. B. B., 75 Mo. 504. See, also, Moss v. B. B., 85 Mo. 86; JR. B. v. Keyes, 55 Kan. 205; Gollins v. B. B., 48 Mo. App. 398; Schneider v. B. B., 29 Id. 68. This case is similar in many respects to' Jones v. B. B., 84 Mo. 151; Clark v. B. B., 36 Id. 202; Gould on Waters, sec. 258.…
1Opinion of the CourtBiggs, J.
The defendant operates a railroad in Newton county. Near the city of Neosho the railroad crosses Shoal creek valley. At that point Shoal creek runs north and south through the centre of the valley, the flow of the water being to the south. On the west side of the stream its banks are about twelve feet above the surface of the water at its usual stage. The banks on the east side are five or six feet lower. The stream is about one hundred feet wide at the point where the railroad crosses it. In the original construction of the .railroad a solid embankment was constructed from the eastern edge…
2Cases cited5 opinions
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Schneider v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Ellet v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Bremen Bank v. UmrathMissouri Court of Appeals · 1893
- Coleman v. Kansas City, St. Joseph & Council Bluffs RailroadCourt of Appeals of Kansas · 1889
3Cited by6 opinions
- Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
- Kroh Bros. Development Co. v. State Line Eighty-Nine, Inc.Missouri Court of Appeals · 1974
- Harris v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1930
- Kenney v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1898
- Thorp v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1911
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