Finnell v. Pitts

The question is whether or not there is liability of highway officers who, in building a public highway according to specifications approved by state and federal engineers, affected or diverted the flow of a stream, thereby raising the level of the lake that caused the damage by overflow upon lands of the plaintiff. Trial was had on several counts, of which count 5 will illustrate the question presented by the facts.

Appellee contends that such act and result were the taking of private property for public use with compensation, and that such taking was by the defendants as individuals; that…