Fort v. Bietsch

Bietsch brought an action in tort against Fort before a justice of the peace, and recovered judgment for damages in the sum of two hundred dollars. Fort appealed to the county court, where judgment in a like amount was again awarded against him. He brings the case here on writ of error and asks for a supersedeas. Both parties ask for a final determination on such application. The parties will he designated as at the trial, Bietsch as. plaintiff and Fort as defendant.

Defendant owns a reservoir for irrigating purposes, constructed across Todd creek. The reservoir dam is composed of earth. Todd…