Schmutte v. State

Plaintiffs recovered a judgment against the defendant for damages caused by floodwaters which were unable to escape through culverts in a state highway, and which were checked and backed up on their land. Defendant appeals. We affirm the judgment of the trial court.

Plaintiffs own an 85-acre, rectangular tract of land, lying lengthwise along the west side of State Highway 77 in Lancaster County. The land is divided into two valleys with two natural drainways or creeks running through it, sloping generally to the east. The north creek drains an area fixed by plaintiffs’ witness at 147 acres and…