Butts v. Atchison, Topeka & Santa Fe Railway Co.

*86The opinion of the court was delivered by

Burch, J.:

The action was one against defendant for damages resulting from obstruction of the flow of surface water through a culvert in defendant’s embankment on its right of way through plaintiff’s land. A demurrer to the petition was overruled, and defendant appeals.

From a point on the north line of plaintiff’s land the railway grade extends in a southeasterly direction through the tract. Surface water on the tract, and coming on the tract from other land, flowed toward the southwest, and defendant constructed a culvert near the north line of the…