Kraus v. Strong

The opinion of the court was delivered by

Price, J.:

This appeal arises out of an action by a downstream owner of farm land against an upstream owner for damages on account of flooding allegedly caused by defendant’s construction of a dike or levee on his own land along one bank of a natural watercourse which runs through plaintiff’s and defendant’s lands.

Trial was had by a jury which answered special questions and returned a verdict for plaintiff in the amount of $1,000. Defendant’s motion for a new trial being overruled he has appealed and alleges nine specifications of error.

The amended…