Chicago, R. I. & P. Ry. Co. v. Morton

Opinion by

RUMMONS, C.

This action was commenced in the district court of Alfalfa county on June 24, 1912, by the defendant in error against the plaintiff in error, hereinafter styled plaintiff and defendant, respectively, as in the trial court, to recover damages to his crops and fences, and for the washing away of soil by an overflow of Driftwood creek on August 5, 1911. The plaintiff alleged that his damage was occasioned because the waters of Driftwood creek were obstructed by reason of the maintenance by defendant of its railway track, embankments, and bridge so carelessly and negligently…