Curlin v. Ashby

.COMBS, Justice.

The Department of Highways has appealed from a judgment of $7,500 based on a jury’s verdict in favor of the plaintiff, H. L. Ashby, for damages to his land and crops. Plaintiff’s case is predicated upon the charge the Highway Department constructed a fill across his property without providing sufficient outlets for the drainage of the watershed above the fill. It is also alleged that such drainage outlets as were provided were permitted to become obstructed with debris and vegetation. Plaintiff also prayed for a mandatory injunction to require the Department to repair the fill…