Belzoni Drainage Dist. v. Cobb

The appellee sued the appellant for damages resulting from the overflow of his lands from the drainage system of appellant because of the cleaning out of channels of the canals, or certain of them, which caused the waters thereof to back and impound upon the lands of plaintiff destroying his crops.

There were two counts in the declaration. The first proceeded upon the theory that the work was done in an improper manner, and that it could have been done in a manner whereby plaintiff’s lands would not have been overflowed or damaged. There was a demurrer to this count of the declaration which…