Kroeger v. Twin Buttes Railroad
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District, in and for Pima County. John H. Campbell, Judge. STATEMENT BY THE COURT. Appellant is the owner of certain lots in the city of Tucson, upon which are a residence and outbuilding constructed of adobe.
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APPEAL from a judgment of the District Court of the First Judicial District, in and for Pima County. John H. Campbell, Judge. STATEMENT BY THE COURT. Appellant is the owner of certain lots in the city of Tucson, upon which are a residence and outbuilding constructed of adobe. After appellant’s ownership had continued for some fifteen or twenty years, the appellee constructed its roadbed on the west side of appellant’s property, and at a distance of about seventy-five feet from his buildings. The embankment of the railroad company’s track was about four feet higher than the surface of his land…
1Opinion of the CourtDoe, J.
There was a substantial conflict in the evidence upon the question of the sufficiency of appellee’s culverts to carry such waters as might reasonably and naturally be expected to accumulate in times of heavy rain. The action of the trial court could only have been induced by the belief that the decision of the supreme court of the United States in Walker v. N. M. & S. P. R. Co., 165 U. S. 593, 17 Sup. Ct. *350421, 41 L. Ed. 837, was applicable, and therefore controlling in this case. That case was appealed from the supreme court of New Mexico upon a state of facts substantially similar to…
2Cases cited3 opinions
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- McClure v. City of Red WingSupreme Court of Minnesota · 1881
3Cited by9 opinions
- Midgett v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
- Ketelsen v. StilzIndiana Supreme Court · 1916
- Kroeger v. Twin Buttes RailroadArizona Supreme Court · 1912
- Brasher v. GibsonArizona Supreme Court · 1966
- Law v. Superior CourtCourt of Appeals of Arizona · 1986
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