Powers v. St. Louis, Iron Mountain & Southern Railway Co.

The first count in the petition states a cause of action for the negligent and unscientific construction of a railroad embankment and canal for sixteen hundred feet through the land of plaintiffs, diverting the channel of the St. Francois river, alleging that the outlet afforded by the canal was too small *541for the passage through it of the waters accumulated “in time of heavy rains and freshets in said river,” thus causing the river to “back up” and wash deep gullies and trenches on the west side of plaintiffs’ land and destroying it, and occasioning a similar injury on the east side, by…