Ferderer v. Northern Pacific Railway Co.

Ntjessle, Ch. J.

This action was brought by the plaintiff to 'recover damages from the defendant Bailway Company on account of negligence on the part of the defendant in the damming and diversion of the Cannonball Biver and' in the construction and maintenance of the' diversion channel, dikes, and embankments erected and used in such damming and diversion.

*172■The case was tried to a jury. The jury was directed to answer a special interrogatory and to return a general verdict. The interrogatory, was answered in the negative and a verdict not inconsistent with it was returned for the plaintiff.…