Jones v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from. Livingston Circuit Court, Hon. Jas. M. Davis, J. Statement of case by the court. This was an action instituted upon the 14th day of August, 1881, in the circuit court of Livingston county, Missouri, to recover the sum of two thousand, seven hundred and sixty dollars damages, alleged to have been caused by the overflow of certain surface water in the years 1880 and 1881, over and upon plaintiff’s land.
Read the full summary
Appeal from. Livingston Circuit Court, Hon. Jas. M. Davis, J. Statement of case by the court. This was an action instituted upon the 14th day of August, 1881, in the circuit court of Livingston county, Missouri, to recover the sum of two thousand, seven hundred and sixty dollars damages, alleged to have been caused by the overflow of certain surface water in the years 1880 and 1881, over and upon plaintiff’s land. The amended petition of plaintiff on which the cause was tried, originally contained three counts. At the trial, the plaintiff dismissed as to the third count. The issues were,…
1Opinion of the Court
Opinion by
Hall, J.
The single question presented by the record in this case, is, whether the facts alleged in the petition and established by plaintiff’s proof, as alleged, are sufficient to constitute a cause of action.
First, then, was the water, alleged to have been obstructed and thereby retained upon plaintiff’s land by defendant, surface water, or was it the water of certain named water courses, to-wit: the sloughs or swales described in the petition ?
We are clearly of the opinion that these sloughs or swales can not be considered as water courses. In Benson v. R. R. Co. (78 Mo. 514), it…
2Cases cited4 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1874
3Cited by9 opinions
- Webb v. CarterMissouri Court of Appeals · 1906
- Franklin v. DurgeeSupreme Court of New Hampshire · 1901
- Vollrath v. Wabash R. Co.District Court, W.D. Missouri · 1946
- Walther v. City of Cape GirardeauMissouri Court of Appeals · 1912
- Chicago, Kansas & Nebraska Railway Co. v. SteckSupreme Court of Kansas · 1893
4 more not listed; retrieve them via the Exa API.