Radke v. Minneapolis & St. Louis Railway Co.

Dickinson, J.1

This action is for the recovery of damages for the overflowing of the plaintiff’s land, by reason of the embankment of the defendant’s railroad having prevented the natural flow or drainage of water off the same. The recovery is sought upon the ground that the defendant negligently constructed its road, not putting in such a culvert as was necessary to carry the water from the east to the west side of the railroad, as it had been accustomed to flow. The land injuriously affected is a nearly level tract, of about seven acres, in a ravine or marsh adjacent to and east of the…