STAFOS v. MISSOURI PACIFIC RAILROAD COMPANY

Nos. 7818, 7829.

367 F.2d 314 (1966)

James STAFOS, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, a Corporation, Appellee. MISSOURI PACIFIC RAILROAD COMPANY, a Corporation, Appellant, v. James STAFOS, Appellee.

United States Court of Appeals Tenth Circuit.

October 17, 1966.


Attorney(s) appearing for the Case

Robert H. Bingham, Kansas City, Kan. (Lee E. Weeks, Leonard O. Thomas, J. D. Lysaught, Wash H. Brown and Donald H. Corson, Jr., Kansas City, Kan., with him on brief), for James Stafos.

Ralph M. Hope, Wichita, Kan. (W. F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Ronald M. Gott, Glenn D. Young, Jr., Edward H. Graham, Wichita, Kan., Willard L. Phillips, Patrick B. McAnany, Thomas M. VanCleave and James J. Lysaught, Kansas City, Kan., with him on brief), for Missouri Pacific Railroad Co.

Before MURRAH, Chief Judge, PICKETT and HILL, Circuit Judges.


MURRAH, Chief Judge.

In this diversity suit the railroad company appeals from a judgment of the Kansas Court in favor of the appellee-farmer for crop damages in 1961-62 due to the overflow of impounded waters proximately caused by the negligent maintenance of the railroad's bridge, ditch and roadbed. The cross-appeal complains of the amount of the award for compensatory damages and the failure to award any punitive damages.

The appellee's leased land lies...

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