Hutton v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellant’s railroad through the City of-.Eldorado runs east and west and crosses 4th and 5th Streets. When it was constructed in 1872 it was built on a four-foot embankment. The streets were not paved until 1913, and prior to that time the surface water was carried in open ditches along 4th and 5th Streets, the natural flow of the water being to the south and southwest. In June, 1927, appellee owned two lots fronting on 4th Street, upon which there was a hotel building. This building was about 100 feet north of the railroad right…