Wayland v. St. Louis, Kansas City & Northern Railway Co.

Appeal from Chariton Circuit Court. — Hon. Gr. L>. Burgess, Judge. The action is to recover damages for making and maintaining a ditch which injuriously affected the plaintiff’s land. The evidence is, that defendant did not make the ditch, and, hence, t'here need be no discussion of its liability for the making of it, and thereby committing a trespass or creating a nuisance.. The only question'is, whether, under the facts in the case, the defendant is legally responsible for maintaining or continuing a nuisance, to abate which it would be compelled to commit a trespass by going upon the lands…