Verdigris River Drainage District No. 1 v. State Highway Commission

*324The opinion of the court was delivered by

Smith, J.:

This was an action for money. Judgment was for the plaintiff. Defendant appeals. 1

The petition alleged the nature of the parties and that the plaintiff was located in Montgomery county and many years ago had constructed and at the time the action was begun maintained a levee on the north, east and south sides of the district for the purpose of preventing the floodwaters of the Verdigris river from inundating the territory within the district; that about 1921 state highway 169 ■crossed the district from the north to south; that it was then a…