Powell v. Edwards

BOULDIN, Justice.

Action for damages for injuries to lands by the diversion of surface waters.

The railroad line operated by appellants was constructed about 1903. It runs east and west. The lands lying north of the railroad slope toward the south. Appellee’s lands lie south, slope off into level lands, and are subject to a natural servitude for the drainage of surface waters from the lands to the north.

The railroad, adjacent to appellee’s lands, is upon a fill or embankment. Sur-, face waters coming down from the north were, until recently, intercepted by this embankment and diverted through…