Ohio & Mississippi Railway Co. v. Wachter

In the construction of its road-bed, about the year 1854, appellant erected an embankment across a small stream or watercourse, in St. Clair Count}', putting in a stone culvert. Five or six years afterward this culvert gave way, and an engine boiler about forty inches in diameter was put in, and the embankment settled down upon it, thus leaving only that much of an outlet for the stream.

In June, 1885, during a heavy rainfall, water gathering in the stream above the embankment was thrown back upon appellee’s premises, flooding bis brick-yard, damaging brick and other property thereon, until…