G., H. & S. A. R'y Co. v. Tait

Stayton, Associate Justice.

The petition in this case avers, and the proof shows, that the appellant cut ditches along its railway, and from that across the land of another, through which the water that falls on a large area of country is led into a branch, not a running stream except during and immediately after rainfalls, through which it flows upon the land of appellee, thereby forming a lake which, after rains, covers about thirty acres of her land heretofore cultivated.

It appears that the water which would naturally flow through the branch upon the lands of the appellee would form a lake,…