Johnk v. Union Pacific Railroad

This was an action in equity to restrain the defendants from ” restoring the waters of a natural watercourse, known as Shell creek, to their former channel. The flow had become diverted so as to abandon the natural channel, and by means of a ditch, known as the Bailey ditch, reached another ditch parallel to the line of the Union Pacific Railroad Company and close to its track. Shell creek rises in Boone county and flows in a southeasterly direction into the Platte river. Por a distance of almost six or seven miles it flows almost parallel to the track of the railroad company. At one point in…