Bell v. Missouri, Kansas & Texas Railway Co.

SPEER, Associate Justice.

Appellant, who owns a farm a few miles east of the city of Gainesville, sued the appellee, whose line of railway extends along the south boundary of his farm, to recover damages alleged to have been occasioned by an overflow of his farm resulting from the negligence of the railway company in the construction, of its railroad embankment and bridges across Wheeler Creek. The appellee pleaded that the overflow was not due to any negligence upon its. part, but was the result of an unprecedented storm. A trial resulted in a verdict in favor of the railway company.

We hardly…