Atchison, Topeka & Santa Fé Railroad v. Long

Opinion by

Simpson, C.:

The material facts in this case are substantially undisputed, and are that Long is the owner and has been in the possession of the land described in his petition for a long time prior to the commencement of this action, and to the building of the railroad by the plaintiff' in error, and is still the owner and in the possession and daily occupancy thereof; that into and over the land of Long there ran a natural water-course which was fed largely, and in excessive dry weather entirely, from and by a spring on the *702land of an adjoining proprietor. The land is a part of the…