Mustang Reservoir, Canal & Land Co. v. Hissman

The plaintiff, Henry Hissman, brought suit to recover damages from the Mustang Reservoir, Canal 'and Land Company, a corporation, defendant, claimed to have been occasioned through the breaking of the latter’s reservoir, thus flooding the land of plaintiff, destroying a portion of his reservoir embankments and injuring prospective crops. At the trial, consideration of damage to crops was taken from the jury entirely, and that matter is not before us in any, phase.

In the first cause of action, beside the loss of and damage to crops, it is charged that ‘ ‘ The break*309ing and -washing away of…