Thorp v. Chicago, Burlington & Quincy Railroad

— This is an action for damages caused by an overflow of water on plaintiff’s farm adjacent to the appealing defendant’s railroad. The Wabash Railway Company and the Chicago, Burlington & Quincy Railway Company were made defendants. The trial resulted in a directed verdict and judgment for the Wabash Company and in a judgment for plaintiff ■ against the remaining defendant. The petition was amended during the trial and the allegation on which plaintiff was allowed to go to the jury was made for the first time in the amendment and is as follows: “Plaintiff states that east of the land he was…