Clemens v. Kansas Gas & Electric Co.

The opinion of the court was delivered by

Dawson, J.:

Plaintiff, owner of a farm on the west-bank of the Neosho river in Labette' county, brought this action against defendant for damages to his land and crops caused by flood waters of the Neosho river in the months of September, 1926, and April and June, 1927, which were deflected on to his land by a railway embankment constructed by defendant in 1923 on the opposite side of the stream.

Plaintiff’s petition alleged that defendant owns and maintains a railroad track near Straus, in Labette county, and—

“3. . . . That said railroad track is…