Houston & Great Northern Railroad v. Parker

Gould, Associate- Justice.

Parker, the owner of mill buildings, with mill, gin, and machinery of various kinds, and of the lot in the city of Tyler on which they were situated, sued the railroad company for damages thereto* and to his business, alleged to have been occasioned by an embankment and insufficient culvert erected across a branch, by reason whereof the water in the branch was obstructed and caused to overflow and damage said lot, mill, and machinery. In the answer defendant alleged that the culvert was constructed in the most skillful and scientific manner, with a capacity to carry…