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KANSAS CITY SOUTHERN RY. CO. v. LITTLEFIELD

No. 108.

37 F.2d 707 (1930)

KANSAS CITY SOUTHERN RY. CO. v. LITTLEFIELD.

Circuit Court of Appeals, Tenth Circuit.

January 29, 1930.

Attorney(s) appearing for the Case

A. F. Smith, of Kansas City, Mo., and James B. McDonough, of Ft. Smith, Ark. (Frank H. Moore, of Kansas City, Mo., on the brief), for appellant.

Malcolm E. Rosser, of Muskogee, Okl. (R. P. White, of Poteau, Okl., on the brief), for appellee.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.

LEWIS, Circuit Judge.

Littlefield, plaintiff below, owned a warehouse in the Village of Braden, Oklahoma, in which his cotton seed, 3,000 or more bushels, was stored. The warehouse was near to the railway right of way on which there was an embankment for the railway tracks, and through the embankment, about 150 feet from the warehouse, the railway company maintained a culvert to carry off surface waters. In trespass on the case Littlefield recovered judgment for damage...

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