St. Louis-San Francisco Railway Co. v. Chandler

IRWIN, Justice.

Defendants in error, herein designated as plaintiffs, instituted this action against plaintiff in error, herein referred to as defendant, for damages to crops caused by overflow water. The jury returned a verdict for the plaintiffs and defendant appeals from the order overruling its motion for a new trial.

FACTS

Defendant obtained a right of way running east and west adjoining the north side of the land that was overflowed and constructed a railroad embankment thereon. Defendant’s right of way deed reflects it was granted a strip of land one hundred feet in width, the same to…