Shafer v. King

Fred King, defendant in error, was plaintiff below; Shafer and others were defendants. They will be referred to as there aligned.

Plaintiff recovered judgment for damages to his crops alleged to have been caused by water escaping from the Pierce lateral ditch, owned by defendants. Plaintiff charged that it was due to defendants’ negligence.

The case has been tried twice to a jury. Plaintiff won both times; the first verdict was larger than the second. After the first trial, a motion for a new trial was denied, but was later renewed and granted upon the ground that through the fault or omission…