Van Wilgen v. Albert Lea Farms Co.

Taylor, C.

The term defendant will designate the Albert Lea Farms Company, the action having been dismissed as to the other defendant.

A portion of plaintiff’s land was overflowed in the year 1926, and he recovered a verdict for the damage to his crops. Defendant appealed from an order denying the usual alternative motion for judgment or a new trial. Defendant does not question the fact of the flooding nor the damage to the crops, but insists that the flooding was not caused by any wrongful or negligent act on its part but by an unprecedented rainfall.

To understand the situation a short…