Gilbert v. Savannah, Griffin & North Alabama Railroad

Steer, Justice.

This was an action of trespass for damages done to plaintiff’s land by reason of the construction of an embankment by defendant in the building of its road, by reason of which certain rain water falling was directed from its natural and ordinary channel, and thrown on the land of plaintiff, resulting in the washing away of plaintiff’s soil, cutting said land into ditches and rendering it unfit for cultivation, to the damage of plaintiff five hundred dollars.

Under the evidence and charge of the court, the jury returned a verdict for the defendant. A motion for a new trial was…