The Western Union Telegraph Co. v. Byrd, Adm'x.

Knox, Special Justice.

Seeking.to recover damages for destruction of growing crops by overflow waters which occurred in July, 1932, the fifty-nine appellees each instituted his separate action • against appellant in the Pulaski circuit court. These separate actions were by order of the trial court consolidated for trial and appeal.

The gravamen of each of the complaints is, that appellant negligently and without right dug a hole, and placed a.telegraph pole therein, in the crown of a certain levee which had been constructed and which was being maintained for the purpose of protecting the…