Lynch v. Payne

The opinion of the court was delivered by

Mason, J.:

P. L. Lynch owns the northwest quarter of section 36, lying about two miles south and a little west of Scott City. The track of the Santa Fe railroad runs nearly north and south about twenty rods east of his east line, and is on an embankment some two and a half feet high. Lynch brought this action against the director general of railroads, who was then operating the road, charging the destruction of fifteen acres of growing alfalfa by the backing up of water caused by this embankment. He recovered a judgment for $1,500, and the defendant…