Moody v. Vandergriff

(after stating the facts as above). With reference to issues he submitted to them the trial court told the jury that the evidence showed that appellant by constructing and maintaining the qast and west ditch diverted surface water from its natural course to the north and south ditch, and then instructed them as follows:

“If you believe from the evidence that the defendant, by his terraces, caused water to flow into the north and south ditch which otherwise would not have flowed into said ditch, but if you further believe that such waters would not have caused the overflow of said ditch if the…