JONES, Judge.
For many years prior to and during the year 1930 plaintiff owned and operated a canal in Nebraska which was used in connection with its operation of a hydro-electric generating plant. The canal was located near the right-of-way and tracks of the Union Pacific Railway Company.
An unprecedented amount of rain fell in that area during the first few days of June 1930, the final precipitation measuring six or eight inches. The small creeks and dry...
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