Baggott v. Southern Ry. Co.

ERNEST F. COCHRAN, District Judge.

This action was instituted in August, 1923, after federal control of railroads had ceased. The complaint alleges in substance that the defendant in 1907, prior to federal control, negligently, willfully, and wantonly constructed a trestle across the North Edisto river in such manner that there was not sufficient space for the water of the river to pass through freely when the river rose, and that the defendant knew that by reason of the changing conditions of the terrain the water was liable to rise more rapidly and to- a greater height year by year, and that…