Brown v. Chicago, B. & Q. R.

Citations

• 195 F. 1007
• 1912 U.S. Dist. LEXIS 1704

Syllabus

<p>Waters and Water Courses (§ 179*)—Obstruction oe Stream—Action fob Damages.</p> <p>While one who obstructs the natural flow of a stream is liable for damages thereby caused by flooding the lands of another, to entitle the latter to recover, it is not sufficient to prove the obstruction and that there was an overflow; but it must be further shown that the overflow would, not liave occurred, but for the obstruction, and the extent of the damage resulting from the overflow attributable to the obstruction must be traced.</p> <p>[Ed. Note.—For other cases, seo Waters and Water Courses, Cent. Dig. §§ 244-250, 256-259, 263, 264; Dec. Dig. § 179.*]</p>