Keyton v. Missouri-Kansas-Texas R. R.

[1] This is an action for damages alleged to have been caused by the defendant (respondent here) maintaining a high right of way and road bed, and in failing to maintain a culvert sufficiently large to care for the natural drainage, thereby causing the water to back up and destroy plaintiffs' crops and also for permitting water to run through certain boxes underneath its track onto plaintiffs' land and damaging it by washing ditches therein. From a verdict and judgment for defendant, the plaintiffs appeal.

[2] The petition is in three counts. It is long, involved and repetitious but boiled…