Gresty v. Darby

The opinion of the court was.delivered by

Harvey, J.:

These were actions in tort to recover damages for permanent injury to land. They were filed separately in the district court of Scott county, but have been consolidated in this court because of the identity of the legal questions involved.

In the Morris case plaintiff alleged in his petition that he is the owner of a described 400 acres of farm and pasture land; that White Woman creek is a natural watercourse which flows from the west in an easterly direction across a state highway known as U. S. No. 83, and from that point easterly about…