HEINS IMPLEMENT v. HWY. & TRANSP. COM'N

No. 75313.

859 S.W.2d 681 (1993)

HEINS IMPLEMENT COMPANY, et al., Appellants, v. MISSOURI HIGHWAY & TRANSPORTATION COMMISSION, et al., Respondents.

Supreme Court of Missouri, En Banc.

August 17, 1993.


Attorney(s) appearing for the Case

Ed Dougherty, Lynne J. Bratcher, Philip R. Holloway, Kansas City, for appellants.

John W. Koenig, Jr., Sikeston, Rich Tiemeyer, Jefferson City, Roy A. Larson, Kansas City, Werner A. Moentmann, Richmond, for respondents.


PRICE, Judge.

The principal issue raised by this appeal is whether the modified common enemy doctrine should be applied to bar recovery by landowners and tenants whose property was flooded because a culvert under a highway bypass was not designed to handle the normal overflows from a nearby creek. We conclude that the common enemy doctrine no longer reflects the appropriate rule in situations involving surface water runoff and adopt a doctrine of reasonable use in...

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