Van Horn v. Hidalgo County Water Control & Improvement Dist. No. 1

Van Horn sued the water control and improvement district for damages alleged to have been done his land by seepage occurring through the negligent maintenance and operation of the district irrigation system. The district defended upon the ground that, if the land had been injured, it was due to the negligence of Van Horn in "over-irrigating" his land. The cause was submitted upon twenty special issues, the first three of which were as follows:

"Question No. 1. Do you believe and find from a preponderance of the evidence admitted before you, that the plaintiffs during the time they have owned…