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MILLER v. SEARS

255 S.W.2d 643 (1952)

MILLER v. SEARS.

Court of Appeals of Kentucky.

Rehearing Denied March 27, 1953.

Attorney(s) appearing for the Case

Arthur T. Iler, Central City, Woodward, Bartlett & McCarroll, Owensboro, for appellant.

Russell O'Neill, Central City, for appellee.

COMBS, Justice.

The plaintiff Sears, appellee here, in his petition for damages, charged the defendant Miller with obstructing a drainage ditch and diverting surface water upon his land, thereby damaging his crops. The jury found for the plaintiff in the amount of $1500.

The only ground urged for reversal is that the instructions were erroneous, the main objection being that the measure of damages is incorrectly...

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