International & Great Northern Railroad v. Fickey

KEY, Associate Justice.

Appellee brought this suit seeking to recover damages from appellant,- alleged to have been caused by the negligent construction of appellant’s roadbed, including a certain ditch. The plaintiff charged that the ditch caused an excessive flow of water over and upon his farm, thereby injuring and destroying certain crops and damaging the land.

There was a jury trial which resulted in favor of the plaintiff, and the defendant has appealed.

We sustain the ninth assignment of error and reverse the case because the trial court, over appellant’s objection, permitted the witness…