East St. Louis & Carondelet Railway Co. v. Eisentraut

This was an action on the ease, brought by John Eisentraut against the East St. Louis and Carondelet Bailway Company, to recover damages to the plaintiff’s land and growing crops, caused by the diversion thereto by the defendant of the water from a certain natural watercourse. The declaration contains two counts, but the plaintiff, at the trial, relied. and sought to recover upon the second count alone. That .count alleges, in substance, that during all the month of May, 1887, and prior thereto, and from thence hitherto, the plaintiff was possessed of certain land in St. Clair county, near…