Eikland v. Casey

(after stating the facts as above).

The plaintiffs were in possession of property which was protected against freshets by the natural channel of a stream sufficient to carry all flood waters. The defendants, •for their own benefit, closed the channel and made a new one, against the plaintiffs’ protest that the change would endanger their property. The plaintiffs requested an instruction to the jury that if they found that, if the artificial .channel had been built of a capacity equal to the natural channel, the plaintiffs’ property would not have been damaged by the flood, then the defendants…