Miller v. Ervin

This suit is one for damages alleged to have been sustained by the appellant in the sum of $2,265' on account of 30.2 acres of her land having been subjected to over flow by reason of the digging of a ditch on the right-of-way of the Mobile and Ohio Railroad Company while the same was being operated by the appellees as receivers.

The particular line of railroad involved was that running in an easterly direction from Artesia towards Montgomery, Alabama, and the plaintiff’s farm was located immediately north of the right-of-way, along which the ditch was dug on the north side of the track. It…