BURKE, Judge.
By this action, plaintiff is seeking to recover damages for the flooding of three hundred fifty acres of land, which flooding he alleges was caused by the construction, by the defendant, of a highway across a natural water course. Defendant's answer is a general denial. Leave to intervene as a party defendant was granted to the State of North Dakota and an answer in intervention has been filed. After the action had been noticed for trial, plaintiff moved...
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