Mobile O. R. Co. v. Red Feather Coal Co.

The action is for damages for flooding the coal mines of Red Feather Coal Company. Count 2 of the complaint charges:

“Plaintiff was the lessee and was in possession of the following real estate (describing it) on which plaintiff was operating coal mines; that defendant owned a right of way upon which it had constructed a railway track across a valley on said land in which was a running stream; that prior to said date defendant had maintained a trestle across said valley, permitting the water in said .stream to flow freely under said railway tracks and across said right of way, and on, to wit,…