Proper

The plaintiff recovered judgment against all of the defendants excepting Hauss for damages to plaintiff’s crop of barley alleged to have been caused by water from' the drainage canals of the defendant district. The defendants Giblin, Walton, and Hauss were trustees of the district at the time of the alleged damage.

The lands on which the crop of barley was growing were protected on the west by a ridge and on the east by an old railroad embankment, prior to the construction of the district’s canals. The main canal of the district runs in a general southwesterly direction on the west side of the ridge. Lateral No. 4 was constructed immediately adjacent to plaintiff’s south line and was cut through the railroad embankment and the ridge. It was designed to drain some fifteen hundred acres of land lying northeasterly from plaintiff’s land and to carry the water therefr-om to the main canal. In excavating lateral No. 4 the earth was thrown to the south, forming a levee, and leaving the north side of the lateral without any embankment other than the natural ground surface. The lateral was not cut down to grade at certain points to the west of the lands flooded, the bottom being a few…