Gaiser v. Chicago, Burlington & Quincy Railroad

Mr. Presiding Justice Shirley

delivered the opinion of the court.

Appellee’s declaration containing three counts alleged in substance he was possessed of tracts of land adjoining on both sides a natural watercourse known as Crooked Creek; that appellant’s right of way extended along immediately west of and adjoining said land; that appellant had built and maintained a dam or embankment across the bed of said creek upon its premises, and below said land without any opening to permit the free passage of water and causing it to remain upon the lands in large quantities; that prior to the erection…