Yoknapatawpha Drainage District No. 2, Lafayette County, Mississippi v. United States

TUTTLE, Circuit Judge.

This is an appeal from a judgment based on a jury verdict in favor of appellant in a land condemnation action in which appellant contended that the damages for the taking of its drainage canal should include the amount which had been assessed as benefits accruing to other lands previously taken by the Government, which would thus no longer be subject to a charge for the maintenance of the remaining section of the canal.

Although it is difficult to see how in a condemnation action for the taking of the ditch alone the drainage district could procedurally seek damages which…