Toledo, Wabash & Western Railway Co. v. Morrison

This was an action on the case, brought by Morrison against the Toledo, Wabash and Western Railway Company, to recover damages for overflowing the land of the former with water. The complaint in the declaration is, that, previous to the construction of the defendant’s railroad, the surface water that was accustomed to accumulate near the plaintiff’s premises flowed and passed off in a direction from said premises, but not over and upon them; that since the construction of the railroad, by means of its embankment and ditches along its side, the surface water had been obstructed in its natural…