Illinois Central Railroad v. Heisner

The cause of action as charged in appellee’s declaration was, as alleged therein, the wrongful construction of ditches along either side of the railroad of appellant leading from one mile west of appellee’s land thereinafter named, and out of the course of the natural flowage of water, thereby conducting water and casting it upon appellee’s land by which the road passed? that except for the ditches would not have come upon it; that the land was good and free from burrs and productive ; that the water thus carried and cast upon appellee’s land was gathered from places where cockle-burrs…