Omaha Life Insurance v. Gering & Ft. Laramie Irrigation District

The plaintiff, as owner of land within the irrigation district, seeks to recover damages for seepage to his land.' At the close of plaintiff’s testimony, the trial court sustained defendant’s motion to direct a verdict in its favor. *762From a judgment entered upon the directed verdict, plaintiff appeals to this court.

The plaintiff alleges that its land was seeped by the water from the defendant district due to the negligence of the defendant. It is also sought to recover under section 21, art. I of the Constitution, which requires payment for property damaged for public use. There is a statutory…