Chicago, R. I. & P. R. Co. v. Pickett

The plaintiff’s petition in this cause alleges that the defendant railroad company, in constructing its line of road from Lawton to Gerónimo, built the same over and across Wolf creek; that the railroad track was raised on both sides of Wolf creek and a bridge built across said creek by the defendant; and that in throwing up the heavy embankment of dirt upon which to lay said railroad track, the defendant cut partially through the high Wolf creek embankment on the south side of said creek, thereby creating an artificial channel, and thereby diverting the water from Wolf creek in times of high…