Hammons v. Illinois Central Railroad

VIOSCA, Justice.

In this suit plaintiff seeks judgment against the. Illinois Central Railroad in the sum of $2,700 for property damage caused by flood waters after a heavy rain which plaintiff alleges was due ,to the blocking of natural drainage by the railroad’s roadbed, to the. railroad’s failure to construct a drain under its roadbed ánd to its improper construction of a drain along its right of way contrary to grade.

Defendant denies that its roadbed in any way interferes with natural drainage. It alleges that no additional drain under its roadbed is necessary and that the artificial drain…