Rector v. Tobin Construction Company

WOLFE, Judge.

This is an action for crop damages. It is in three counts. The damages for which recovery is sought arose out of the flooding of the plaintiffs’ land. It was alleged in the plaintiffs’ petition that the defendant constructed a dirt fill or dam across the bed of the Middle Fork of the Chariton River in Macon County, Missouri. This was done while defendant was engaged in building a bridge for the State Highway Department. It was alleged that this fill obstructed the flow of water, and that it caused the Middle Fork to overflow onto the lands owned by the plaintiffs.

Count 1 is for…