WABASH RY. CO. v. VANLANDINGHAM

No. 8973.

53 F.2d 51 (1931)

WABASH RY. CO. v. VANLANDINGHAM et al.

Circuit Court of Appeals, Eighth Circuit.

September 29, 1931.


Attorney(s) appearing for the Case

Homer Hall, of St. Louis, Mo. (Harris L. Moore, of Kansas City, Mo., and N. S. Brown, of St. Louis, Mo., on the brief), for appellant.

Martin E. Lawson, of Liberty, Mo. (Francis G. Hale, of Liberty, Mo., on the brief), for appellees.

Before STONE and GARDNER, Circuit Judges, and MARTINEAU, District Judge.


MARTINEAU, District Judge.

Plaintiffs, who are appellees here, filed suit in the circuit court of Clay county, Mo., to recover damages to their crops from water in the years 1925, 1926, 1927, and 1928, in the sum of $1,500. They alleged that this damage was caused by the breach of a contract between the predecessors in title of plaintiffs and defendant, which required the defendant to maintain a ditch along its railroad adjoining plaintiffs' land. The suit was removed...

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