Midland Valley R. Co. v. Lowery

This action was commenced on September 17, 1948, to recover damages sustained by the plaintiffs from the flooding of 43 acres of corn on June 24, 1948, alleged to have resulted from the construction of a ditch by the defendant along its right of way to the Canadian river, and plaintiffs alleged that the construction of said ditch permitted the Canadian river to flow into the ditch and into a slough located a quarter of a mile from the river, and from the slough across plaintiffs’ property. The cause was tried to a jury. Verdict and judgment was for the plaintiffs in the sum of $800, and from…