Chicago, Rock Island & Pacific Railroad v. Carey

Appellant’s right of way passed over the farm of appellees. A single track was laid thereon about 1852, and, the ground being low and wet in its nature, a culvert and water-way were provided for drainage. Subsequently, in 1873, appellant constructed another track at that place on its right of way, and appellees claim that in doing so it obstructed the drainage so as to dam up and flow water back on their farm, and has thereby rendered a considerable portion of it useless for cultivation, whereby they have sustained damage, and to recover compensation therefor they sued appellant, and…