Bristol v. Rasmussen

I. INTRODUCTION

Plaintiff-appellant Donald Bristol appeals the judgment of the district court, which reversed a county court judgment in his favor. The county court, in a bench trial, found that the destruction of 10 acres of growing soybeans on Bristol’s land was proximately caused by flooding, resulting from defendant-appellee Eric Rasmussen’s downstream obstruction of Indian Creek, and awarded damages to Bristol.

Rasmussen cross-appeals the judgment of the district court, because it ostensibly lets stand the county court ruling that Rasmussen’s obstruction was the proximate cause of the…