Iske v. Missouri Pacific Railway Co.

Action to recover damages to plaintiff’s crops, which the petition alleges were caused by the negligent obstruction of a natural drainage channel, whereby storm and surface waters were diverted from their natural course upon plaintiff’s land. The answer was a denial of negligence, a denial that defendant diverted, the waters contrary to their natural flow, and a claim that the damage to the land was included in the compensation paid for the right of way. The jury returned a verdict for the plaintiff, and from a judgment on the verdict defendant appeals.

Defendant relies for a reversal upon…