Doss v. Illinois Central Railroad

*223Opinion op the Court by

Chiep Justice Sampson — •

Reversing.

Appellant Doss brought this action in the Muhlenberg circuit court against the Illinois Central Railroad Company to recover damages for the destruction of the growing crops on his farm for the years 1918, 1919 and 1920, occasioned, as he avers, by the casting of water thereon, the flow of which was obstructed by the railroad embankments through which there were no sufficient culverts. The railroad company answered alleging that it was not in control of or operating the said railroad for the years 1918 or 1919 but that the said carrier…