Gulf, C. & S. F. Ry. Co. v. Anderson

HALL, C.

These actions involve the same questions, and were consolidated by consent of the parties. They were instituted for the purpose of recovering damages sustained to real property by reason of flood waters. The defendant maintained a railroad across a branch or ravine adjacent to which were plaintiffs’ properties. The roadbed across the ravine consisted of an embankment, and drainage was by means of a double arched culvert under the tracks.

The theory upon which the causes of action were submitted to the jury was that the culvert was insufficient or too small to carry away such flood…