Campbell v. Russell

TEIGEN, Judge.

The defendant has appealed from an order denying a motion for new trial. The motion was made on two grounds: Insufficiency of the evidence to justify the verdict and excessive damages given under the influence of passion or prejudice.

The plaintiff sued the defendant for damages to his crop and summer fallow. The plaintiff’s land lies adjacent and to the east of defendant’s land. The plaintiff claims the defendant ditched and drained sloughs, potholes, and low areas on his land, causing water to run onto the plaintiff’s land to his damage. The plaintiff is the owner of the…