Leek v. Brasfield

This action was brought by the appellee to recover damages for the inundation of his farm in Desha County. The complaint asserts that the flooding of the land was due to the defendant’s wrongful conduct in preventing the repair of a dam that protected the plaintiff’s farm. The jury awarded damages to the plaintiff in the amount of $550. The basic question in the ease is whether the defendant’s conduct amounted to an actionable wrong.

The plaintiff’s land lies a mile or more below the defendant’s farm on a drainage canal constructed by Cypress Creek Drainage District. At a point between the two…