Uflemann v. St. Louis, Iron Mountain & Southern Railway Co.

Appellee in the year of 1895 became the owner of about 259 acres of land in Bandolph county on the Mississippi bottom. A part of this land was low and swampy. Modoc Creek enters it from the bluffs and flows in a southerly direction, emptying into the Coulee.

Appellee, shortly after he became owner, conveyed to the St. Louis Valley Bailway Company a strip through said lands from southeast to northwest for its use as a right of way. After the construction of the railway it was acquired by appellant. The construction of this railway left about 200 acres to the north and east of the right of way…