Atterbury v. Chicago, Indianapolis & St. Louis Short Line Railway Co.

Mr. Justice' Baume

delivered the opinion of the court.

This is an action on the case by appellant against appellee to recover damages occasioned to the farm lands of appellant by the alleged improper and negligent construction of a bridge across Shoal creek, the construction of railroad embankment across-appellant’s lands, and the failure of appellee to provide the necessary culverts and sluice-ways in said . embankment, whereby the natural flow of the water in Shoal creek was diverted in a new channel on appellant’s lands, and the natural flow of surface water was obstructed. There was a…