Weller v. Mulgrew & Sons Co.

*639Statement.

Bronson, Ch. J.

Plaintiffs sue to recover for damages to crops through water flooding. A verdict for $600 in plaintiffs’ favor was returned. Defendant has appealed from an order refusing to enter judgment in its favor notwithstanding such verdict.

The facts are: Plaintiffs own a half section of farm lands abutting upon the county line between Cass and Trail counties, North Dakota, and distant west from the Eed river, about 2 miles. Defendant is a drainage ditch contractor. Along this county line, running east and west past these farm lands, there was a graded road with road ditches on…