Hinkle v. Chicago, Rock Island & Pacific Railway Co.

I. Defendant’s line of railroad in question runs in a northwesterly and southeasterly direction on the bottom lands of the Des Moines River, a mile or more from the river, which flows in a direction substantially parallel to the railroad. In the fall of 1925, defendant constructed a two by three feet culvert through its roadbed, thereby letting water from its right of way and the land north of its track flow upon the lands of the plaintiffs. The culvert is at the north end of the north and south line between the premises of plaintiff Hinkle and those of plaintiff Baldwin, and is about 60 feet…