Missouri Pac. R.R. Co., Baldwin v. Kuykendall

This appeal is from a judgment awarding damages in an overflow case. The facts out of which the litigation arose are fully and sufficiently stated in the case of Baldwin v. Neal, 190 Ark. 673, 80 S. W. (2d) 648, and are identical, with one exception presently to be mentioned.

It was alleged in both cases that a trestle ninety feet wide across Clear Creek bottom had been filled in with earth, and, as was said in the former opinion, “When it was closed at that time, there was left of the opening a concrete box or space about four by five feet, through which the accumulated water should pass.”

The…