Chicago, Rock Island & Pacific Railway Co. v. Buel

Epperson, C.

Defendants in error, who were the plaintiffs in the lower court, brought this action for the recovery of alleged damages to their crops and other property caused by the diverting of the water of Balt creek, a natural watercourse. In 1893 the railroad company -constructed the railroad running in a northerly and southerly direction through the east half of section 32, township 8, range 6, in Lancaster county, Nebraska, upon which land were two forks of Salt creek, about 80 rods apart, over each of which the railroad was constructed. In the first instance the railroad, which is about…