Railway Co. v. Mossman

Mossman owns a body of land adjoining tlie right of way of plaintiff in error. Iiis lands lie upon a slightly higher level than the company’s right of way or the lands upon the opposite side of the railroad. There is evidence showing that, but for the embankment constructed and maintained by the railway company, waters falling upon Mossman’s land as rain or snow, or flowing upon his lands from those at a still higher level, would naturally run off' across the railway, and thence upon lower lands beyond, and finally to a small branch. By tlie construction of this railway ■ embankment, and its…