St. Louis, Alton & Terre Haute Railroad v. Winkelmann

Appellee, the plaintiff, brought suit against appellant, the defendant, for flooding lands, alleging that the construction of a trestle across a natural watercourse, obstructed the natural flow of water, and alleges damage sustained in 1885, 1887 and 1890 by reason of such overflows. It is first objected that there is a variance between the proof and declaration as to the flood charged 'in the second count. Plaintiff testifies that the flood occurred in 1887 or 1888, but does not fix the time with certainty. It was not necessary" to prove the exact date of the flood and the testimony of the…