Missouri, Kansas & Texas Railway Co. v. Chilton

TALBOT, Associate Justice.

— The appellees, A. S. and A. J. Chilton, brought this suit against the Missouri, Kansas & Texas Railway Company of Texas, the appellant, to recover damages caused by overflow of their land during the year 1905, said land being situated in what is known as Five Mile Creek bottom, about nine miles south of Dallas. It was alleged by plaintiffs that the natural flow of the water in Five Mile Creek was in a southeasterly direction, but by reason of the negligent construction of appellant’s railroad embankment across said stream and the valley thereof in not" providing…