Rix v. Town of Alamogordo

BICKLEY, Justice.

Plaintiffs owned a house and lot situated in the lowlands of the town of Alamogordo. Some years ago canals were constructed, designed for the protection of the highways of the town and the property of the inhabitants thereof from the effects of surface waters precipitated in said town and vicinity. For several years past these canals have been under the control of the defendant town. About two years ago there was constructed under defendant’s direction a new large canal for about two miles and one of the old canals was enlarged. The new and the enlarged old canal collected a…