Sester v. Belvue Drainage District

*2The opinion of the court was delivered by

Burch, J.:

This appeal involves the right of a landowner to recover damages from- a drainage district arising by reason of the flow of water through a drainage 'ditch, which ditch was constructed pursuant to and under the authority of statutes known as the “Drainage Act of 1905” as amended, being G. S. 1935, 24-401 et seq. The action was brought previously to this court on appeal from an order of the district court overruling a demurrer to the appellee’s petition and the district court’s ruling was affirmed. (See Sester v. Belvue Drainage District, 159…