Chicago, R. I. & P. R. v. Schirf

CORN, Justice.

The plaintiff brought this action against the defendant to recover damages for the destruction of his cotton crop caused by a change by defendant of the natural drainage of surface water.

The plaintiff alleged in his petition, and the evidence showed that he had a growing cotton crop of 64 acres on the farm just south of defendant’s railroad track, and near the center of said land the -defendant constructed and maintained a trestle, or bridge, for the purpose of allowing surface water to drain from said land into the Washita river, but in 1944 the defendant filled in the opening…