Vollrath v. Wabash R. Co.

COLLET, District Judge.

Plaintiffs, servient owners of lowlands, bring this action against defendant railroad company for damages resulting from the cutting by defendant of its railroad embankment located across the bottom along the upper or north boundary of plaintiffs’ farm, thus allowing flood water to pass through that opening in a concentrated stream onto, plaintiffs’ land below. The plats in evidence adequately portray the topographical conditions as they now exist. There is little dispute concerning the facts. Tersely stated, the primary legal question is whether the railroad which…