Atchison, Topeka & Santa Fe Railway Co. v. Herman

The opinion of the court was delivered by

Johnston, C. J.:

In this action William Herman sought to recover damages from the Atchison, Topeka & Santa Fe Railway Company for the destruction of personal property which resulted from an overflow of water on his land. He alleged that Switzler creek, a natural watercourse, was negligently bridged by the railroad company; that the bridge was faulty in construction; and that the company in an attempt to strengthen it built a web of supporting timbers underneath it in such a way as to impede the flow of water *78and operate as a dam of the stream. In May,…