Prunty v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 88 Kan. 42
• 127 P. 529
• 1912 Kan. LEXIS 12

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Nuisance—Railroad Embankment—Pile Bridge. A railway company was sued by adjoining landowners to abate and enjoin as a nuisance the maintenance of a railroad embankment with a pile bridge therein, with an opening thereunder through which surface water collected by such embankment was cast upon plaintiffs’ lands. It was not alleged in the petition nor was there any proof that the railroad was negligently or unskillfully constructed, but it appears from all the evidence that the embankment and the opening therein were built and maintained in the usual and ordinary manner in which railroads are constructed across lands of the character in question, and that the interruption and diversion of the surface water is merely one of the ordinary incidents of railroad construction. Held, following Mo. Pac. Rly. Co. v. Renfro, 52 Kan. 23V, 34 Pac. 802, that the action can not be maintained.</p>