Jurgeson v. Romine

FRANK D. CONNETT, Special Judge.

This is a suit for damages to growing crops. The sole issue on appeal is the correctness of the measure of damages instruction. During the fall and winter of 1966-1967 the defendant, Albert W. Jurge- son, caused logs, brush and other debris to be deposited in Miami Creek at a place where it flowed across his land. In June and July of 1967 land adjoining defendant on the north and upstream, owned by plaintiffs Orval and Urene Romine, was flooded. Plaintiffs’ growing crops, principally the corn crop, were flooded and damaged. Plaintiffs sued defendant claiming…