St. Louis, Alton & Terre Haute Railroad v. Brown

This action was brought to recover from appellant the damages to appellee’s crops occasioned by overflow of water, resulting from the alleged negligence of appellant in maintaining certain piles and trestle work so badly constructed, across a watercourse running through appellee’s premises, as to prevent a free passage of the water, which, in ordinary floods and freshets, would naturally flow in said watercourse. There were three counts in the declaration, but the third count-, averring the negligence substantially as above stated, is relied upon by appellees. To this declaration three pleas…