Waters v. . Kear

Clabk, O. J.

This is an action for damages to plaintiff’s crops and her land by the diversion of surface water. The jury found upon the issues submitted that the defendant wrongfully diverted the water upon the lands of the plaintiff; that her crops had been damaged, within three years before action brought and down to the trial, $150, and that the permanent damage to her land was $65.

The court submitted as additional issiies what it would have cost the plaintiff to have cut certain ditches, marked on the map, which would have prevented the diverted water from injuring the plaintiff’s lands…