Mohatt v. Olson

Plaintiff sued to recover damages allegedly arising from the result of floodwaters being caused to back up on his land by an irrigation lateral constructed by defendant across a natural drainage that passed over plaintiff’s and defendant’s lands. So far as material here, defendant’s answer was a general denial and a plea of affirmative defenses.

Trial was had. At the close of the plaintiff’s case in chief, defendant moved for a directed verdict. The motion was sustained. Plaintiff appeals. We reverse and remand the case.

Plaintiff’s contention here is that the waters involved in this action are…