Black v. Ellithorp

JACKSON, Justice.

In the trial court, plaintiffs E. E. and Frances M. Ellithorp sued defendants Riley Black, Gladys Morris, and others for losses resulting from flood damage to their crops, in the total amount of $18,525.00. Demurrers of all defendants to plaintiff’s evidence, except Mr. Black and Mrs. Morris, were sustained, and the case went to the jury as to those two defendants only. The jury returned a verdict against Mr. Black only for $2500.00, and he appeals.

From the evidence it appears that plaintiffs’ farm is located east of, and adjacent to, a north-south street in Lindsey,…