Buss v. Missouri Pacific Railroad

The opinion of the court was delivered by

Marshall, J.:

This suit was commenced on three causes of action, one for damage to real property, and two for damage to crops caused by an overflow of water brought about by an obstruction to the flow thereof through a natural watercourse. Judgment was rendered in favor of the plaintiff on one cause of action for damage to crops, and the defendant appeals.

The cause was tried to a jury, which returned a verdict in favor of the plaintiff and answered special questions. There was no mo*690tion for a new trial. The questions answered by the jury were as follows: