Supreme Court of Kansas April 9, 1932, No. 30,360 (Butts v. Atchison, Topeka & Santa Fe Railway Co.)

*86The opinion of the court was delivered by

Burch, J.:

The action was one against defendant for damages resulting from obstruction of the flow of surface water through a culvert in defendant’s embankment on its right of way through plaintiff’s land. A demurrer to the petition was overruled, and defendant appeals.