Newberry

The Wilfred Bellevue Drainage District is a duly organized and existing drainage district. The appellants were, during the times hereinafter specified, the directors thereof.

This controversy arose over the actions of appellants in constructing a ditch over the lands of one F. W. Wilson for drainage purposes without first securing his consent so to do and without instituting condemnation proceedings. Wilson brought suit against appellants for the damage inflicted upon his fruit-trees growing on said land, resulting from the manner in which said ditch was constructed, and for damage to his land caused by the caving in and washing away of the walls of said ditch, and by the overflow of the water from the ditch.

That case was originally commenced against the district and said directors jointly, but in the first amended com plaint the said drainage district was not included as a party defendant. It filed no answer, and the case was tried upon the theory of the individual liability of Evans, Pedrotti, and Morken alone. In that case the court rendered judgment in favor of Wilson and against Evans, Pedrotti, and Morken for $325 for the damage to his fruit-trees. After the rendition of…