Chicago, R. I. & P. R. v. Turner

Plaintiff sued to recover damages for the value of growing crops allegedly lost by reason of defendant’s negligent construction and maintenance of its railroad across his land, thereby preventing the natural drainage of the surface water and thus causing damages for which plaintiff sought recovery.

The pertinent facts may be summarized as follows: Plaintiff owned 80 acres of land in Canadian county, traversed from northwest to southeast by defendant’s railroad. Seventy-two acres of the land had been planted to alfalfa, a perennial crop, and 1 % acres to wheat. In 1949, the year involved, the…