Hayward v. St. Louis & S. F. R. Co.

This is an overflow damage action. The action was originally brought by E. K. Hayward against St. Louis & San Francisco Railway Company and its- trustees in the city court of the city of Muskogee. The trial in that court resulted in a verdict and judgment in favor of defendants. Plaintiff appealed to the district court, where on trial de novo defendants again prevailed. Plaintiff has appealed to this court.

The record discloses substantially the following facts: Plaintiff is the owner of lots 5 and 6, block 441, city of Muskogee, on which he constructed two apartment houses. Defendant Railway…