Ringering v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Mr. Presiding Justice Shirley

delivered the opinion of the court.

This was an action to recover for an injury alleged to have been caused by the negligent failure of appellant to provide sufficient openings in its embankment for the passage of surface waters whereby the lands occupied by appellee as a tenant were flooded and growing crops thereon damaged. There was evidence showing the tracks of appellant were located on an embankment several hundred feet in length and crossing a course where surface waters flowed in a state of nature; that appellant’s road had been constructed many years ago…