Hodges v. Wilmington & Weldon Railroad

Clare, J.:

The complaint alleges that, by reason of the road bed of defendant, erected over plaintiff’s land, the water was ponded back-water sobbing his land and damaging his crops; and, secondly, that it was the duty of the defendant to erect good and sufficient cattle-guards at the points of entrance and exit of its track upon plaintiff’s enclosed land, and, by reason of failure to comply with such duty, stock had passed into plaintiff’s enclosure and damaged his crops; thirdly, that the building of defendant’s road-bed and embankment, had turned the natural flow of the water, causing deep…