Payne v. Bevel

Opinion by

MAXEY, C.

This action was brought by defendant in error, hereinafter called plaintiff, against the plaintiff in error, hereinafter called defendant. The action is for damages caused to plaintiff’s crop and land by overflow caused by a railroad embankment which changed the natural, course of water and caused the overflow of plaintiff’s land. The defendant set up in its answer, among other things, a plea of res' judicata, wherein it says that in a former suit by William McDaniel, the then owner of the title to said land, against Charles Schaff, the receiver of properties of the…