Fort Worth & Denver City Railway Co. v. Kiel

Mr. Justice. Sharp

delivered the opinion of the Court.

W. H. Keil filed this suit against the Fort Worth & Denver City Railway Company for damage to his swimming pool which was located near a small creek. The tracks of the Railway Company crossed the creek a short distance below the. swimming pool, and they were laid upon an embankment ¿cross the creek, There was a culvert in the embankment where it crossed the creek. It was urged that the embankment backed flood waters against the concrete wall of the swimming pool, which caused the wall of the swimming pool to cave in. The suit for damages to…