Cases Determined By the St. Louis, Kansas City And Springfield Courts of Appeals of the State of Missouri ..
Cases Determined By the St. Louis, Kansas City And Springfield Courts of Appeals of the State of Missouri ..
Missouri. Courts of Appeals. [from Old Catalog]
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28; Finney v. Berry, 61 Mo. 367. Biggs, J. — The defendant's railroad is constructed north and south along the Mississ;ippi river bottom, the hill lands lying immediately to the west, and to the east the low lands extending to the river. At the place where the railroad passed along or near to the eastern edge of land occupied by the plaintiff, two branches extended from the hill lands on the west in an easterly direction across the strip of land upon which the rail- road was constructed. In the... original construction of the roacj -culverts were built, through which the waters of the branches escaped and flowed eastwardly thron-^^li their accustomed channels. In May, IS.^9, the (h^eiid- ant, claiming that it was necessary ior the proper Vol. 49—12 ^ . Digitized by VjOOQ IC 178 49 MISSOURI APPEAL REPORTS, McKee v. The St. Louis, K. & N. W. By. Co. improvement of its roadbed, closed up the two culverts with solid embankments, and undertook to divert the waters of the two branches to another branch by means of an artificial ditch, extending south along the west side of the railroad track.
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