Culpepper v. White

1. Where on a tract of land used exclusively for farming purposes there is being constructed, for the purpose of preventing an overflow of the waters of a creek upon the land, a canal or ditch through a wooded portion of the land and along a line which subtends an arc made by a curve in the creek, and the work will render the land more suitable for cultivation, the work is incidental to the business of farming and is a part of the preparation of the land for farming purposes. An employee of the owner of the land, who was engaged in digging the ditch, notwithstanding he had not been employed…