Payne v. Morgan's Louisiana & Texas Railroad & Steamship Co.

The opinion of the court was delivered by

McEnery, J.

The plaintiffs sue the defendant for the reco yery of land now occupied by it as a railroad embankment in excess of what is necessary for railroad purposes.

They also sue for the value of the strip of land occupied by the railroad embankment. They aver that by the construction of the railroad embankment, the natural drains and ditches on their property have been obstructed and the flow of water retarded, damaging them to the amount of $2000. Suitable crossings, cattle guards, culverts, etc., are demanded to be constructed by plaintiffs of the…