Madisonville, Hartford & Eastern R. R. v. Thomas

Opinion of the Court by

Judge Hobson

Affirming

Appellant’s line of railroad runs through the farm of J. W. Thomas on a fill. He brought this action against it to recover damages on account of the flooding of his land from the construction of the embankment without sufficient outlet being provided for the escape of the water, by reason of which it was backed up on his land and destroyed much of his crop of corn and tobacco. On a trial of the case he recovered a verdict and judgment for $250.00, and the railway company appeals.

The case is practically the same as Madisonville, &c. R. R. Co. v.…