Phelps v. New York Central & Hudson River Railroad

The complaint describes the lands of the plaintiff and states: “ That between the above described land of this plaintiff and the land so occupied by defendant in Annsville, aforesaid, and next adjoining the lands of the plaintiff and defendant, is land owned or occupied by one John Tanner. That on or about May 2, 1903, and during a period of long-continued, great and excessive drought, the defendant, while running its engines and locomotives on said railroad, and past the premises of said Tanner, aforesaid, and past the premises of this plaintiff, negligently, carelessly and wilfully managed…