delivered the opinion of the court.
Action for injury to crops due to an overflow caused by defendant’s negligence. Judgment for plaintiff. Appeal from the Circuit *625Court of Scott county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the April term, 1922.
Reversed and remanded.
Opinion filed October 25, 1922.
Bellatti, Bellatti & Moriarty, for appellant; N. S. Brown and L. H. Strasser, of counsel. Funk & McKeene, for appellees.
delivered the opinion of the court.