Smith v. Platte Valley Public Power & Irrigation District

George W. Smith brought this action in the district court for Lincoln County against the Platte Valley Public Power and Irrigation District, a public corporation. The action was brought to recover damages caused to plaintiff’s lands and crops by seepage waters which plaintiff claims escaped from defendant’s works. Plaintiff recovered a verdict of $9,000 and judgment was entered thereon. Defendant’s motion to set aside this verdict and for judgment notwithstanding or in the alternative for new trial having been overruled, it appeals. Plaintiff has cross-appealed.

The principal question raised…