Gulf, Colorado & Santa Fe Railway Co. v. Wishart

GARRETT, Chief Justice.

As we are of the opinion that the judgment of the court below should be reversed for the error of the trial court in giving the instruction as hereinafter shown, we will, not pass upon the sufficiency off the evidence to support the verdict of the jury. Wishart brought the suit against the railway company to recover damages for the overflow of land. It was claimed that the closing by the defendant of a culvert in the roadbed and the construction of a ditch to run the water off caused "the water to back up on the land of the plaintiff and overflow it. On the part of the…