Brown v. Southern Railway Co.

Clark, O. J.

' This is an action for damages in overflowing the plaintiff’s property by diverting the flow of surface water by building a spur track. The answer denied the allegations of the complaint and alleged that the damage was not caused by defendant diverting the flow of water, but because the plaintiff had permitted drains and ditches about his property to become filled up.

The plaintiff’s property lies just outside the west limit of Hillsboro on the west side of the roadway whose continuation into the town is known as Nash Street. It is not controverted that the plaintiff’s lot is…