Fellows v. Buffalo County

McCown, J..This is an action for water damage to plaintiff’s real and personal property. The damage was allegedly caused by failure of the defendant to provide sufficient drainage through a road fill constructed across a natural watercourse.. The jury returned a verdict for plaintiff for $1,400. After requiring remittitur of $371, the trial court entered judgment for the plaintiff for $1,029. The defendant county has appealed.

The plaintiff was the owner of 4 acres of property along Dry Creek, a tributary of Wood River. Dry Creek, in the area involved, was a small gorge with the winding bed of…