48 So. 405 | Miss. | 1908
delivered the opinion of the court.
Appellee is the owner of a certain tract of land situated a short distance south of the line of appellant’s railroad in Greene county. He filed his declaration, alleging that the railroad was so constructed as that its embankment interfered with the natural course of a stream or streams known, as “open bay branches,” whereby the water was caused in times of freshets to back up and overflow plaintiff’s land. The first count of the
Upon the issue made by the pleadings, this error is apparent.
It is insisted that this view as to surface water cannot be
Reversed and remanded.