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 appellee, 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...
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