Wright v. Illinois Cent. R. Co.

Dissenting Opinion.

Griffith, J.,

delivered a dissenting opinion.

Appellants, plaintiffs in the court below, are in the cattle business, and at the time in question had a three-hundred acre pasture immediately adjacent to the railroad right of way, the fence line running along the right of way. In this pasture appellants had forty or fifty head of cattle. The railroad was located upon an embankment at this point and the right of way was higher than the adjoining pasture, so that the rain water falling on the right of way there would and did run off onto the pasture and into a small pool located…