Gulf, Colorado & Santa Fe Railway Co. v. Looker

HOBBY, Judge.—

This is a suit for damages for overflowing plaintiff’s land.

It is alleged in substance that defendant negligently, etc., constructed an embankment of earth about 13 feet high from the north bank of the Bosque Biver in a northwest direction, about 1200 yards long and at the distance of about 200 yards from the river, and opposite and adjacent to plaintiff’s land left a culvert about 80 yards wide. That said land lay in a gentle *282slope from west to east, and when said river overflowed its banks, which it did frequently before the construction of the road of defendant, the waters…