Chicago, R. I. & G. Ry. Co. v. Martin

This appeal is from a judgment in appellee’s favor for $1,125, as damages, alleged to have; been caused by the failure of the appellant' railway to properly construct and maintaiij sufficient culverts, bridges, and outlets to carry away flood waters, as a result of which bach-waters were caused to overflow appellee’s land, depositing silt and sand thereon, to its greai damage.

The defendant denied the material allegations of the plaintiff’s petition. The record discloses that the plaintiff owns some 500 acres of land of an irregular contour located in Wise county, and that the appellant…