St. Louis, Vandalia & Terre Haute Railroad v. Hurst

This was an action of trespass against the railroad company for diverting surface water from its right of way, out of its natural course, against and upon the plaintiff’s land, whereby a wide and deep ditch was cut therein a distance of over 200 yards. Verdict and judgment in his favor for §100 damages.

lie had conveyed to the company for right of way a strip, 100 feet in width, running nearly east and west across his forty-acre tract, and thereby released all claim for damages by reason of the location and completion of the railroad through or upon any part of it. A branch or stream of water…