Davenport v. . R. R.

There was evidence tending to show that defendant companies, having condemned a right of way, proceeded to construct their roadbed through the lands of plaintiff, and that such roadbed crossed a number of lead ditches made by plaintiff for the proper drainage of his lands, and also a number of tap ditches conveying the water of said land to the lead ditches at various points below the defendants' roadbed; that defendants constructed culverts or put in pipes at the points where these lead (289) ditches had passed under the roadbed, but did not make any such drainage for the tap ditches, but in…