Chicago, B. & Q. R. v. Board of Sup'rs

(after stating the facts as above). An important question of fact at the trial was whether the drain followed a water course at its point of intersection with plaintiff’s roads. There are two creeks arising in the eastern bluffs bordering on the valley, and flowing southwesterly, and finally discharging into Chariton river. Both streams have well-defined channels at their upper course, and also in portions of the valley, but at other points' their banks disappear and they become lakes or bayous. The northermost stream, known as “L,ooust Creek,” enters the valley north of the north line of…