Henderson v. Talbott

The opinion of the court was delivered by This was an action to recover damages alleged to have been
sustained by plaintiff because of water impounded on his land as
a result of the defendant's construction of a dam. The plaintiff
recovered and the defendant appeals. The action was commenced on October 18, 1951, by the filing of
the petition. Subsequently defendant filed a motion to strike one
sentence from such pleading and to make other allegations thereof
more definite and certain. This motion was sustained to the
extent it required plaintiff to make certain allegations of the
petition more definite and overruled in all other particulars.