Harper v. Johannesen

McFADDEN, Justice.

Plaintiff (respondent here) in this action for damages caused by flooding of his premises was awarded $7,500 by the jury and judgment entered accordingly. This flooding came after a heavy rainstorm which occurred on February 8, 1960, resulting in a large body of water flowing from the drainage known as “Sand Hollow” in the southerly portion of Emmett Valley of Gem County. The defendant (appellant) appeals from the judgment and denial of his motion for new trial.

Plaintiff Harper and defendant Johannesen are owners of adjacent orchard lands. Johannesen’s premises are southerly…