ATCHISON, TOPEKA & SANTA FE RY. CO. v. HAMILTON BROS.

No. 14397.

192 F.2d 817 (1951)

ATCHISON, TOPEKA & SANTA FE RY. CO. v. HAMILTON BROS., Inc. et al.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 31, 1951.


Attorney(s) appearing for the Case

Donald H. Sharp, Kansas City, Mo. (John H. Lathrop, Sam D. Parker, and James F. Walsh, all of Kansas City, Mo., on the brief), for appellant.

Albert Thomson, Kansas City, Mo. (Johnson, Davis, Thomson, Van Dyke & Fairchild, Kansas City, Mo., on the brief), for appellees.

Before SANBORN, THOMAS and COLLET, Circuit judges.


THOMAS, Circuit Judge.

This is an appeal by the defendant in the district court from a judgment for damages entered upon the verdict of a jury.

The plaintiffs and the interveners are the owners and their tenants of farm lands situated in the Henrietta Drainage District in Ray County, Missouri. The district is drained by Willow Creek which flows across the defendant's right of way and empties into the Missouri river about three or four miles distant.

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