Gray v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

This is an action to recover for flood damages to crops in tbe years 1907 and 1908. Tbe petition, mucb condensed, alleges that the defendant’s railway crosses a running stream, known as “Elk Creek,” near plaintiffs’ land; that prior to 1885 Elk Creek in that vicinity spread out forming a marsh, and'finally draining into tbe Missouri river; that tbe drainage of tbe flood-waters was through and over tbe marsh; that in 1885 tbe railway was constructed across tbe marsh and a trestle about 160 rods long built for tbe passage of tbe flood-waters of Elk *797Creek, and that the natural flow of these…