Gibbs v. . Mills

Peb OubiaM.

The plaintiff brought suit for the wrongful diversion of the natural flow of surface water and its discharge upon the plaintiff’s property. In answer to the issues the jury found that the defendant, Benny Louise Mills, had not and that the defendant, 0. D. Justice, had collected and discharged surface water upon the property of the plaintiff, and assessed damages. The judge directed the jury to find upon all the evidence that the action was not barred by the statute of limitations.

The two questions presented are thus stated by the appellant: (1) Can the court during the progress of…