Atchison, Topeka & Santa Fe Railway Co. v. Mahon

JOY, Justice.

This is a water flooding case in which the jury found that the defendant, The Atchison, Topeka and Santa Fe Railway Company, violated its statutory duty by constructing a roadbed for its railroad track without first providing the necessary culverts or sluices as the natural lay of the land required for the drainage of said land. The jury found that plaintiff Dur-ward Mahon’s property sustained damage proximately caused by the breach of said statutory duty by defendant, and after modifying the amount of the jury’s verdict, the trial court rendered judgment for the plaintiff…