Atlantic Coast Line Railroad Co. v. Hendry

In 1927 the plaintiff in error constructed its line of railroad from Monticello to Perry, Florida. A few miles north of Perry it bisected the farm of defendant in error, near which was a natural waterway known as Two Mile Creek. To enable it -to cross this creek plaintiff in error constructed a fill for its roadbed in which it placed a four-foot culvert for the pas'sage of the water. In the spring and summer of 1928 heavy rains overflowed the farm of defendant in error, destroying a large portion of his crop. This action was brought to recover damages for the loss of his crop, it being…