Woods v. Ft. Smith & Western Ry. Co.

This action was filed by the plaintiff in error to recover damages on account of the overflow of land belonging to the plaintiff in error alleged to have been occasioned by the negligent, diversion of flood waters by the defendants in error. The parties will be referred to as plaintiff and defendants, as they appeared in the trial court. The plaintiff sought to recover damages to the real estate and also for damages to the growing crops. A demurrer was sustained to the evidence of the plaintiff by the trial court on the ground that there was no evidence tending to show a permanent damage to…