Atkinson v. Chesapeake & Ohio Ry. Co.

Robinson, Judge:

■ Damages in the sum of five hundred dollars having been awarded plaintiffs against defendant, the latter complains of error.

The ground of action is the diversion of water from its natural course to the injury of plaintiff’s land. There is evidence from which the jury were warranted' in finding that defendant negligently maintained an insufficient and im*634properly constructed culvert for the passage of water in its natural course under a railroad fill, and that the maintenance of-such a culvert caused the water .to become dammed up and to flow out of its course over plaintiffs’…