Brainard v. Chicago, Rock Island & Pac. Railway Co.

The land affected by the drainage in question slopes from north to south, and is crossed from east to west by defendant’s railway. The plaintiff owns the tract immediately south of the right of way, and his wife holds the title to the land adjoining on the north. At the time of the construction of the railroad, many years ago, there was a natural depression or waterway crossing the right of way at or near the point now in controversy and extending in a southerly direction to the Skunk river. *467In building its grade the company placed a culvert therein to afford passage for water making its way…