Lewallen v. Davenport

CLAY, Commissioner;

Appellee brought this suit to recover damages for the flooding of his property caused by a fill or dam built by appellant. A verdict was directed for appellée, and appellant contends that neither the law nor the evidence justified the judgment.

Appellee owned a lot which adjoined a state highway. Thereon he built a store and-grist mill. Adjoining -this lot at a lower elevation was the land of-appellant. In 1949 the State Highway Department reconstructed the highway ^nd. in .doing so caused water to drain over appellee’s lot, whence it flowed onto appellant’s land.

Soon…