120 Iowa 159 | Iowa | 1903
The testimony shows that the water flowing down Jackson creek was diverted on to the plaintiff’s land by reason of the insufficient passageway therefor through the defendant’s roadway, and on account of a ditch running east on its right of way. The plaintiff was entitled to such damages only as he could prove were caused by this overflow of his land, and, if the water diverted from Jackson creek on to his land commingled with water which had reached there from some other source, it was for him to prove the damage caused by the water from the
The single question to the witness Youngerman on cross-examination was not of great importance one way or the other. He might properly have been permitted to answer it. but we will not reverse because of the ruling.
The judgment is aebtrMed.