Chicago & Alton Railroad v. Henneberry

This was an action instituted by appellee, against Appellant, in the circuit court of Will county. At the time of the last trial the declaration contained six counts. The original declaration, filed April 27, 1883, consisted of one count, only. It charged appellant with maintaining an embankment across appellee’s premises, and obstructing a water-course which flowed across his land, thereby backing the water upon said land and destroying the crops, etc. The second and third counts were filed May 25, 1885. The second count alleged that there was a water-course across plaintiff’s premises,…