St. Louis, Vandalia & Terre Haute Railroad v. Hurst

The declaration in this case alleges that appellee is the owner of certain land through which appellant’s railroad runs; that the defendant^ by its agents and employes, went upon the land immediately west of and adjoining and on the land of appellee, and opened a deep ditch along its track for a great distance west of appellee’s land, and thence 'eastward to a point opposite the same and. on appellant’s right of way, and caused said ditch to open into his said land outside of said right of way, and in doing so changed the natural channel and flow of water so as to cause the same to flow upon…