Chicago, R. I. & P. Ry. Co. v. McKone

Opinion by

BREWER, C.

This is a suit for flood damage. In 1900 a line of railway was built from Kingfisher to Cashion, and has since been maintained and operated by the Chicago, Rock Island & Pacific Railway Company as a branch line, connecting with its main line running through Kingfisher. This branch line runs from Kingfisher easterly, and near the limits of the town crosses “Uncle John’s creek,” and runs along the south end of plaintiff’s 80-acre farm; the main body of the land lying east of the creek, but extending across it to the west side at the point the railway crosses. The plaintiff…