Wallace v. Evans

Opinion by

Simpson, C.:

The plaintiff below brought his action to recover the sum of $400, the alleged value of a *510pair of mules, and $200 as exemplary damages. He alleged that in August, 1882, Wallace constructed a dam across a creek that caused the water to fill up a ravine across which ran a public highway that had been located, opened and traveled long before the construction of the dam; that the water had flowed into the ravine until, at the time complained of, it was ten feet deep, and was a hazardous and dangerous obstruction to travel on said highway; that Wallace had sold said dam to…