Gierts v. Chicago, Burlington & Quincy Railroad

This is an appeal from a judgment for damages by flood waters sustained by plaintiff on account of the negligent construction of the defendant’s railroad grade in the valley of Sappa creek near plaintiff’s farm in Harlan county, Nebraska.

The question of the negligent construction of defendant’s' railroad grade and embankment at the place in question was first decided in Reed v. Chicago, B. & Q. R. Co., 86 Neb. 54. It was again determined in Reed v. Chicago, B. & Q. R. Co., ante, p. 19. The instant case was brought to recover damages sustained by the flood waters which caused the damages to…