Louisville, Henderson & St. Louis Railway Co. v. Roberts

Opinion op the Court by

Judge Carroll

— Reversing.

This action was instituted by the appellee in the Ohio Circuit Court to recover damages for the diversion by *821the appellant of water from a natural stream, thereby causing it to overflow appellee’s land.

The charge in the petition as amended is that the appellant company “negligently reconstructed its embankment by raising the same, and in doing so negligently cut away its right of way where the natural stream crosses the railroad company’s right of way, and removed the earth which naturally formed the banks of said stream where same crossed said…