Niccum v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

HutchisoN, J.:

This was an action by a landowner to recover for loss and damage to crops, orchard and permanent injury to land by a railway company in first constructing an embankment on its right of way about three feet above the natural elevation, which accumulated large quantities of floodwater from the Kansas river during a flood and overflow of water from the river in the months of May and June, 1935; and later, after such accumulation and when the high water in the river was receding, but the overflow waters therefrom remained in large quantity…