Elk City v. Rice

■ BLACKBIRD, Justice.

The appearance of the parties to this appeal is the reverse of' the order in which they appeared in the trial court, and all reference to them herein will be by their trial court designations.

The action is one for damages to plaintiff’s farm from erosion allegedly caused by water of the Red River being diverted against the north bank of said river’s channel from its former course along the south bank, said diversion and change in course being allegedly caused by the negligent “construction, operation, maintenance and repair” of defendant’s water pipe line which traversed…