Tennessee, A. & G. Ry. v. Cardon

RICE, Judge.

This was an action by appellee against appellant for damages accruing, within one year, to appellee’s land, and the destruction of crops growing thereon, by reason of the overflow of same, alleged to have been caused by the clogging or filling of ditches and culverts maintained by appellant along and under its railroad embankment.. It is alleged that appellant, after notice of such condition, allowed or- suffered it to- remain.

It appears that appellant’s line of railway traverses the land of appellee. The track involved is situated at the foot of a mountain.

In constructing the…