MOORE, Justice.
The grounds for demurrer asserted by defendant are in substance: (1) The facts alleged do not constitute a taking of private property for public use in the constitutional sense and do not amount to a legally cognizable injury to property, but present an occurrence of incidental or consequential damage from flood waters against which, under the "common-enemy doctrine," a landowner may protect himself by constructing walls, dams, barriers or other structures...
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