Dobbs v. Missouri Pacific Railroad

ORDER

DAUGHERTY, Chief Judge.

In this diversity action Plaintiffs seek recovery for damages allegedly resulting from Defendant’s diversion of flowing water across Plaintiffs’ property. Plaintiffs allege that in the years 1963-1974 they acquired certain described real property; that Defendant maintains a railway line adjacent to said property; that for many years prior to 1952 Defendant directed the flow of water off adjoining lands to the north of said railway line to be discharged into streams to the north of said railway line; that in 1952 Defendant built a bridge which causes the water…