Anderson v. McCulley

Defendant appealed from an order denying his alternative motion for judgment non obstante or a new trial.

An open branch of a public ditch is located across 40 acres of land owned by plaintiff and extends onto and across 40 acres of land owned by defendant. The water flows from plaintiff’s land onto and across defendant’s land and thence on toward the main ditch. The ditch was constructed in about 1910. The branch was four feet deep and four feet wide. Plaintiff raises vegetables and berries. He claims damages because of defendant’s negligently causing the branch of the ditch to become…