Suiter v. Chicago, Rock Island & Pacific Railway Co.

Action for damages from flood waters. Defendant prevailed, and plaintiff appeals.

Plaintiff in 1867 entered as a homestead and still owns 160 acres of land in the valley of Turkey creek southeast of, and close to, the city of DeWitt. Turkey creek is about 70 miles in length, flows in a general southeastern course, and joins the Big Blue river about two miles below plaintiff’s farm. For about said distance the creek parallels the Blue river, which at said point is about one mile north of Turkey creek. The Burlington railway is between the Blue river and Turkey creek, and follows in a general…