Chicago & Alton Railroad v. Henneberry

The declaration in this case contains four counts. The first charges appellant with maintaining an embankment across plaintiff’s premises, and damming a watercourse which flowed across plaintiff’s land, and thereby tin owing the water back and destroying the crops and grass-

The second count alleges that on January 1,1881, there was a watercourse across plaintiff’s premises, through which ran surface water on said premises, and that defendant and others erected an embankment between plaintiff’s premises and the adjoining land, in such negligent manner as to prevent the water collecting on…