Ellerson Floral Co. v. Chesapeake & Ohio Railway Co.

Holt, J.,

delivered tbe opinion of tbe court.

*811Plaintiff is a partnership whose business is raising bulbs, etc. Its hot houses are located in a ravine through which runs a small stream with a watershed approximating fifty acres.

Across this ravine is a fill twenty-two feet high, constructed to carry defendant’s roadway. At its bottom is a culvert thirty-six inches in diameter, built to drain away unusual accumulations of water and to care for that ordinarily to be expected. In June, 1923, there was a very heavy rain in that vicinity. This culvert was inadequate, the water was dammed back, and as…