NORTHCUTT, Justice.
With respect to the matters involved in this appeal as to Speck's claim we will use appellant's statement of the nature of the case.
"This cause of action was brought by the appellant, Jack M. Speck, against the appellee, Atchison, Topeka and Santa Fe Railway Company, for their negligence and failure to maintain the necessary culverts or sluices in the area in Lamb County where Mr. Speck's home was located which resulted in the flooding...
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