Heiden v. Loup River Public Power District

Meyer, District Judge.

This is a suit for permanent damages to plaintiff’s farm caused by seepage from the defendant’s reservoir. The plaintiff had judgment for $13,000, and defendant appealed.

The defendant is a public power district organized under chapter 86, Laws 1933, and amendments thereto. Plaintiff’s farm is located two miles north from the city of Columbus. Fifty acres thereof are pasture and farm land lying on the side of a hill. Upon this hill are also located plaintiff’s farm buildings and dwelling-house, a modern home built in 1933. The remaining portion of said farm, consisting of…