Bogue v. Clay County

LEEDOM, j.

Plaintiff landowner obtained a judgment in the circuit court enjoining the defendant Clay County from discharging upon plaintiffs land surface water and silt collected in a road ditch; and for $300 damages resulting from the flooding of the land in 1951. Clay County has appealed. We affirm the judgment.

The appellant county urges 5 grounds to establish its. nonliability. They are: (1) that there is no cause of action against the county in that it had no duty to perform in the highway improvement resulting in the ditch, inasmuch as the road was built under the provisions of SDC Supp.…