Union Pacific Railroad v. Village of Eddyville

■Rose, J.

This is a suit for an injunction to prevent the village of Eddyville, defendant, from diverting water from the natural course of drainage to the roadbed of the Union Pacific Railroad Company, plaintiff. Prom a judgment of' dismissal, plaintiff has appealed.

Running northwest and southeast parallel with the general direction of Wood river, the railroad, with a grade two feet or more above the surface of the ground, is located between that stream and the western boundary of Eddy-ville. The general slope of the land around the village is west or southwest toward Wood river, which is the…