United States v. Chicago, B. & QR Co.

FARIS, Circuit Judge.

Appellant brought this action to condemn a floodway easement on and over a part of the right of way and railroad embankment of appellee, which runs along the Mississippi river just west of and up the river from the town of Hastings, Minn. By the construction by the United States of a dam in said river, near Hastings, the waters thereof will be raised at times to a point 699 feet above the Memphis datum, and ordinarily will stand at 696.4 feet above such datum. This will result, when the dam is holding "back the contemplated maximum depth of water, in flooding the…