Roper v. Roberts

Broyles,

P. J. J. A. Eoper brought an action for damages against the administrators of the estate of J. M. Eoberts. The petition alleged that Eoberts, about ten years before this suit was brought, cut a ditch through his land and thereby changed the channel of Yellow Creek, which flowed through it; that this creek also ran through the plaintiff’s land; that in the spring of 1912, after the plaintiff’s land had been plowed for planting, the new or arti*733fieial channel became obstructed so that the water in it overflowed not only on Roberts’ land but on the plaintiff’s land, and caused the…