Evers v. Willaby

OPINION

SHORT, Judge.

Appellants Raymond Evers, Norbert Ev-ers and Ogden Rood brought this action to recover damages and to enjoin respondent Arnold Willaby from pumping water through appellants’ drainage system. By special verdict the jury found that appellants’ drainage system provided adequate drainage for appellants’ lands even with the addition of Willaby’s water and that the water from Willaby’s lands did not cause any damage to appellants’ crops in 1984. Appellants claim the trial court erred by (1) instructing the jury that Willaby may attach his drainage system to appellants’ system,…