Hopkins County Levee Improvement Dist. No. 1 v. Smith

(after stating the facts as above).

Appellant’s first assignment of error is predicated on the action of the trial court in overruling its exception to the allegations in the supplemental petition referred to in the statement above. In support of the assignment appellant argues it was liable only for acts and'omissions of its supervisors in Hopkins county in the construction of its levee, and not for anything they did or omitted to do in Delta county with reference to or in connection with the existence or construction of the levee in that county.

Doubtless the argument would be sound, if the…