Linville v. Nance Development Co.

The opinion of the court was delivered by

Thiele, J.:

This was an action wherein plaintiff sought to recover damages arising from the construction of a ditch over her real estate by the defendant, which appeals from a judgment rendered against it.

Although the admissibility of parts thereof was questioned, as later noted, the evidence which supports the verdict and judgment later mentioned disclosed the following.

In February, 1952, the defendant, Nance Development Company, then the owner of a tract of about ten acres, filed a plat thereof as Nance’s First Division. This plat shows the addition…