Conn v. Chicago, Burlington & Quincy Railroad

The plaintiffs allege that the defendant “negligently and carelessly threw up and built an embankment across said lands in such a manner as to deprive all of said lands to the east of said embankment of drainage facilities for surface waters which had theretofore been afforded by *733the natural slope of said land southeast of the Nemaha river, apd plaintiffs allege that defendant has negligently and carelessly maintained said embankments * * * to this time.” No motion was filed to make the petition more definite and certain, and, under the general allegation of negligence, any evidence was…