Henderson v. Talbott

The opinion of the court was delivered by

Parker, J.:

This was an action to recover damages alleged to have been sustained by plaintiff because of water impounded on his land as a result of the defendant’s construction of a dam. The plaintiff recovered and the defendant appeals.

The action was commenced on October 18, 1951, by the filing of the petition. Subsequently defendant filed a motion to strike one sentence from such pleading and to make other allegations thereof more definite and certain. This motion was sustained to the extent it required plaintiff to make certain allegations of the…