North Sterling Irrigation District v. Dickman

I concur in the conclusions of the majority opinion as to the questions arising on the first cause of action, but can not agree that the plaintiff is required to allege and prove negligence in order to recover for injuries to his land by seepage from defendant’s ditch.

This decision is so important to the property holders of this state, other than ditch owners, placing as it does in my opinion, an unjust burden upon them, that I deem it proper to state the reasons for my dissent.

Those reasons are:

First, that the statutes of this state, properly interpreted, make the ditch-owner responsible in…