Clements v. Phœnix Utility Co.

*191The opinion of the court was delivered by

Harvey, J.:

This is an action for damages to crops growing on bottom land of the Neosho river west of the bed of the stream, which were injured by the increased overflow flood waters of that stream, the increased depth and the current of which flood waters were caused by the grade embankment of defendant’s railroad constructed in the bottom land on the east side of the stream. There was a verdict and judgment for plaintiff, and defendant has appealed.

Defendant constructed along the bottom or low land of the Neosho river a line of railroad about two and…