Alton & Upper Alton Horse Railway & Carrying Co. v. Deitz

This was an action on the case, brought to the September term, 1868, of the Alton City Court, by appellee, against appellants. The ground relied upon for recovery is, that appellants wrongfully caused to be constructed, across a gutter on a street in the city of Alton, the track of their railroad in such a manner as to cause a permanent obstruction to the passage of the water when increased by rains, so as to overflow appellee’s land ; and that, in consequence of such obstruction, the water was flowed back upon appellee’s premises, whereby damage was caused to his garden, vegetables, flowers,…