Douglas Reservoirs Water Users Ass'n v. Cross

RAPER, Justice.

The plaintiffs-appellees — cross-appellants brought action against the defendant-appellant — cross-appellee for damages to plaintiffs’ property, arising out of a flood caused by a break in defendant’s canal allegedly resulting from negligent repair and maintenance. The district judge, trying the case without a jury, found negligence and awarded' plaintiffs $12,125.00.

Defendant asserts in this appeal that there was insufficient evidence to support a finding of negligence, the evidence showing the loss to plaintiffs to be an act of God and damages awarded were excessive even if…