Idlewild Farm Co. v. Elkhorn River Drainage District

Shepherd, District Judge.

The first judgment of the district court awarding damages in a large sum for the negligent construction and maintenance of a cut-off on the Elkhorn river — called cutoff E — -was reversed and remanded; it being held by this court that the plaintiff could not recover for construction because the same was according to its demand and direction. Upon the coming down of the mandate, plaintiff filed a second amended petition demanding damages for negligent maintenance only.

This petition was in due course attacked by motion, amended upon application of the plaintiff, and…