Singleton v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Pollock, J. :

This action was brought by T. C. and S. M. Singleton against the railway company to recover damages caused by the obstruction of an alleged watercourse which produced an overflow of plaintiffs’ *285lands, destroying crops growing thereon. The jury returned a general verdict for plaintiffs, with answers to special questions as follows :

”1. When was the railroad embankment across plaintiffs’ lands which they allege caused their damages constructed?' A. In 1886.

”2. What company constructed said embankment? A. Chicago, Kansas & Western Railroad…