Lockett v. Fort Worth & Rio Grande Railway Co.

STAYTON, Chief Justice.

Appellant brought this action in behalf of himself and his minor children to recover damages for injuries claimed to have resulted to himself and children from the act of appellee. He alleged that he lived in a house on land which he had rented situated about fifty feet north of appellee’s railway track; that the land where the.house and railway were was so situated that but for the embankment on which the track was and a ditch formed between the track and his house-by an excavation made by appellee the water would drain off after rains;, but that the embankment erected…