Jacksonville, Northwestern & Southeastern Railroad v. Cox

Citations

• 91 Ill. 500

Syllabus

<p>1. Surface waters—diversion to injury of adjacent owner. A railroad company has no right to stop, by its embankment, the natural and customary flow of the surface water from higher grounds, and by its ditch along its track convey the same upon the premises of another over whose land its road is constructed, without providing some sufficient outlet for it to pass off; and where such person’s land is injured in consequence of the accumulation of such surface water on his land, the company will be liable to him for all the damages occasioned thereby.</p> <p>2. In such case the party so injured is under no legal obligation to permit the servants of the company to dig a ditch, to his detriment, across his tillable land, wide and deep enough to carry off the accumulation of foreign surface water so thrown upon his premises. The company should provide for the egress of such water without damage .or injury to such party, or prevent its flow upon his land.</p> <p>3. And in such case the fact that the owner of the land gives the company permission to dig a ditch along a wagon road on his premises to carry off such surplus foreign surface water, which proves ineffectual for the purpose, will not preclude him from a recovery for the original wrongful act.</p> <p>4. Same—land owner, when not estopped by his deed for right of way. Where a party over whose land is constructed a railroad track, which, .by its embankments and ditch, has caused the surface water from other lands to be diverted from its natural course and thrown upon his land, gives the company a deed for right of way over his premises, in pursuance of a written agreement made before the construction of the road, he will not thereby be estopped from recovering damages occasioned by the wrongful construction of the road. Such a deed gives the company no right to flood his remaining land with water brought by it. from other lands, the natural flow of which would have carried it another way, when the consideration of