Buseck v. N. Y. C. & St. L. Ry. Co.

Opinion by

Linn, J.,

The chancellor found that the wrong, — stopping a culvert — was not done by defendant, but by another, and therefore refused damages. The only complaint is of that refusal. Surface water drained northward naturally from plaintiff’s farm toward defendant’s railroad where it passed under the railroad by a drain that continued under the railroad of another company, the Lake Shore Railroad, (not a party to the suit) and then discharged and flowed over the surface of the land of one Herman and into a creek called Tracy Run. Defendant’s railroad is the northern boundary of…