Missouri Pac. R.R. Co., Thompson, Trustee v. McGuire

This case involves the question of damages caused by the construction of a ditch. Appellant was defendant in the lower court, and, from a judgment of $300, has prosecuted this appeal.

Facts.

In October, 1938, appellant constructed a ditch along the right of way in order to drain surface water. This ditch was adjacent to the eighty acres of land owned by W. H. Martin; and in October, 1940, Martin sued appellant for damages to the land resulting from the construction of the ditch. The complaint in that case alleged that prior to the construction of-the ditch the lands were in a. high state of…