Hopson v. Downs

CLAY, Commissioner.

Appellant plaintiff brought this action for damages allegedly caused by defendant appellees in maintaining a levee or fill which obstructed the natural drainage and caused flooding of the plaintiff’s premises. An injunction was also asked.' The case was tried by a jury and it returned a verdict for the principal defendant. Plaintiff appeals.

Plaintiff owns farm land which lies south of U. S. Highway 68. Defendants Sam Downs and his wife own a substantial tract, with a lower elevation, on the north side of this highway. The natural surface drainage is northwestwardly across…