Benson v. Chicago & Alton Railroad

Philips, C.

This is an action to recover damages resulting from turning the flow of water from its natural course on to the lands of respondent by appellant. The petition states substantially that plaintiffs owned certain lands on the line of defendant’s railroad; “ that on or about the 1st day of July, 1878, defendant built and constructed said railroad through and across said real estate, and through and across lands east of and adjacent thereto, and in building and constructing the road-bed of said railroad, defendant failed and neglected to provide and construct proper openings and…