Schwank v. County of Platte

Plaintiff, a tenant in possession of described farm lands, brought this action to. recover damages to his property and crops resulting from floodwaters allegedly cast thereon by defendant’s faulty and negligent construction of a graded county highway, which diverted and obstructed the natural flow of intercepting watercourses.

Defendant for answer demurred to paragraph 5 of plaintiffs petition, denied generally, and alleged in effect that plaintiff’s damages, if any, were caused by rainfall so unusual, unprecedented, and extraordinary as to constitute án act of God.

Upon trial to a jury,…