Chicago & Alton R. R. v. Calkins

The present action was instituted before a justice of the peace, where the plaintiff recovered a judgment from which the defendant took an appeal to the circuit court, and being defeated there also brings the case here, and assigns various grounds for error. The cause of action is an injury sustained to the real estate of the plaintiff by reason of an overflow of water produced, as alleged, by the works of the defendant. The property of plaintiff lies near the track of defendant and near a small stream or “ branch,” which is crossed by the embankment on which is placed the defendant’s track.…