Goodhart v. Chicago, Burlington & Quincy Railroad

This is an action against the Chicago, Burlington & Quincy Railroad Company for damages Tor the destruction of growing crops by floodwaters which were caused to back up on the plaintiff’s land because of the alleged improper construction of a culvert under the railroad track. At the close of all of the evidence, the trial court instructed the jury-to return a verdict for the defendant. Plaintiff appeals.

Plaintiff is the owner of a tract of bottom land in Richardson county, on the south line of which there is a county highway running east and west, and a quarter of a mile south of this…