Fairey v. Southern Railway Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an action for $2,500.00 damages alleged to have resulted from injury to the plaintiff’s crops by reason of the construction and maintenance of an embankment which caused surface water to be dammed and thrown back upon the land in possession of the plaintiff as a tenant.

The statement contained in the transcript and the testimony shows that the land in the possession of the plaintiff is bounded on the south by the. right-of-way of the railway company; the right-of-way at this point extends 100 feet from the center of the track…