Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Huddleston

The complaint . alleges that the plaintiff is the owner of the land therein described; that his land was injured by an overflow of the water of a ditch running through it; that the ditch was *622known as the “Holloway ditch;” that water was accustomed to flow therein, and that “the plaintiff was entitled to the free and unobstructed flow of water in the channel of said ditch below said land.” The allegations referred to are followed by averments as follows: “That on the — day of-, 1893, the defendant, in making a sewer through and under the embankment threw up for their grade on which their…