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BUSCHELBERG v. CHICAGO, BURLINGTON & QUINCY R. CO.

No. 29383.

289 S.W.2d 447 (1956)

Anna BUSCHELBERG (Plaintiff), Respondent, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a Corporation (Defendant), Appellant.

St. Louis Court of Appeals. Missouri.

Motion for Rehearing or for Transfer to Denied May 11, 1956.

Attorney(s) appearing for the Case

Robert V. Niedner, Niedner & Niedner, St. Charles, for appellant.

H. K. Stumberg, St. Charles, for respondent.

Motion for Rehearing or for Transfer to Supreme Court Denied May 11, 1956.

WOLFE, Commissioner.

This is an action to recover damages caused by flood waters flowing through an underpass in the right of way of defendant's railroad embankment. The trial was to the court and resulted in a finding and judgment for the plaintiff from which the defendant has appealed.

The general area with which we are concerned is the low flood plain of the Missouri and...

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