Fort Worth & D. C. Ry. Co. v. Kiel

SPEER, Justice.

W. H. Kiel sued Fort Worth & Denver City Railway Company for damages to a swimming pool alleged to have been caused by the defendant’s railroad embankment damming up a small stream and causing high waters to back up into the swimming pool, softening the dirt around concrete walls, resulting in the collapse of one of the walls.

Plaintiff relies upon allegations of negligence by the defendant in failing to construct and maintain such necessary culverts and sluices in and through its roadbed on east Pond Creek, as the natural lay^ of the land requires for necessary drainage thereof.