Baltimore & Sparrows Point Railroad v. Hackett

Citations

• 87 Md. 224
• 39 A. 510
• 1898 Md. LEXIS 113

Syllabus

<p>Railroad Embankment Obstructing the Flow of Sitrface Water— Liability of Railroad Company to Z.essee of Land Overflowed— Expert Testimony.</p> <p>When a railroad company constructs an embankment across a farm so that the natural drainage of the water there is obstructed, it is. bound to provide and maintain sufficient outlets for the flow of water, and if this duty is not performed the company is liable for the damage caused to the occupant of the farm by the water which after a heavy rain is dammed up and made to overflow the fields, thereby destroying the crops.</p> <p>The defendant in such case is not relieved from liability because if the plaintiff had entered upon the land of the defendant and removed obstructions from a ditch which defendant was bound to keep in proper condition, the injury to the crops would not have occurred.</p> <p>In an action against a railroad company to recover damages for its failure to construct drains along and under an embankment in consequence of which the natural flow of the water was interrupted and the plaintiff’s crops were flooded, an expert witness may be asked whether in his opinion the outlets for water actually provided by the defendant were adequate.</p> <p>An action lies by the lessee of land against a railroad company whose embankment obstructs the natural drainage of the land and which failed to provide and maintain proper outlets for the water, although the obstruction existed when the plaintiff became the lessee.</p>