Funke v. St. Louis-San Francisco Railway Co.

This action was begun in the circuit court of Scott county on the 15th day of July, 1929, by filing a petition in two counts. The first count of the petition claimed damages to plaintiff’s land on the theory that there was a natural watercourse northwest of plaintiff’s land and that the defendant wrongfully and unlawfully diverted the channel of said stream and watercourse by digging a ditch across its right of way and placing a culvert under and across its roadbed and thus wrongfully diverted on plaintiff’s land said watercourse to his damage.

At the close of plaintiff’s evidence in chief…