Missouri Pacific Railway Co. v. Hemingway

Albert, C.

This action was brought, for the recovery of damages resulting from the alleged wrongful construction by the defendant company of an embankment across a ravine, whereby the. surface water was diverted from its natural course and discharged in large quantities upon the premises of the plaintiff, inflicting the damages complained of. A trial resulted in a verdict and judgment for the plaintiff. The defendant brings the case here on error.

The petition, omitting the formal parts, is as follows:

“(2.) That on and long prior to the 23d day of April, 1892, plaintiff was the owner in fee of…