Hornsby v. Marks

In the summer of 1946, appellant contracted with Ross Drainage District in Clark County to clear out a creek running through the district. Appellee now owns a forty-acre tract of land through which the creek runs. His fence was on the hank of the creek, and in doing the work contracted for, appellant tore down this fence in several places, and stock and cattle entered through the openings in the fence and damaged appel-lee’s crops. He recovered a judgment for $1,066 to com: pensate the damages, and this appeal is prosecuted to reverse that judgment.

For the reversal of the judgment it is first…