Tracy v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

Plaintiff brings this action to recover damages caused by the flooding of the basement of his grocery store, in the town of Pollock, S'. D. Pollock is situated in the valley on the north side of Spring creek, a tributary of the Missouri river. Running through the west edge of the town is a creek, tributary' to Spring creek, which drains about 18 sections of land to the northwest of the town. This creek is usually dry, but carries considerable water after a rain. To the east of town about a mile is a similar creek draining about 25 sections to the north and northeast of town. The town is on…