MacKay v. Breeze

I am unable to agree fully with the prevailing opinion and judgment. I see no reason for reversing the plaintiff’s judgment for damages. That judgment as determined by the majority, is within the amended pleadings. I think the judgment is also supported by ample evidence. It was clearly proved that the defendants conducted water in a ditch which was constructed through loose sand and gravel, incapable of holding water, and took no steps to prevent or control seepage therefrom, and that the water seeped and escaped from the ditch to the plaintiff’s land, destroying his crops and injuring his…