Wabash Portland Cement Co. v. Evarts

Action by appellee alleging damages occasioned by appellant’s acts in obstructing a drain or ditch, causing water to overflow the lands of appellee thereby totally destroying the crop of onions growing thereon.

Upon issues formed by a general denial the cause was submitted to a jury for trial which returned a verdict for appellee for $4,000.

The only error assigned and upon which appellant relies for reversal is error of the court in overruling its motion for a new trial.

Appellant contends that the complaint is insufficient, but we give no consideration thereto as the question was not in any…