Redland v. Tharp

This was an action commenced on March 12, 1970, by the plaintiffs-appellants for damages to their land allegedly caused by seepage from the defendant-appellee’s irrigation works. The parties are adjacent landowners. The plaintiffs’ complaint contained six counts, five of which were dismissed by the trial court on the ground that they were barred by the statute of limitations. Upon the remaining count of negligent construction and maintenance of a drainage ditch, the trial court found for defendant. From the action of the trial court the plaintiffs appealed and argued that the finding of no…