#### Henry Zoller, defendant in error, v. James C. Davis, agent for litigation, plaintiff in error.

Gen. No. 7,607.

Action for damages for injuries to crops by overflowing land with surface water, diverted from its natural course by defendant. Judgment against one defendant only for $733.50. Error to the Circuit Court of Logan county; the Hon. Frank Lindley, Judge, presiding. Heard in this eourt at the April term, 1923.

Reversed and remanded.

Opinion filed October 26, 1923.

Covey & Woods, for plaintiff in error; Silas H. Strawn, W. A. Covey and C. H. Woods, of counsel. McCormick & Murphy and Bevan & Bevan, for defendant in error.

Mr. Justice Niehaus

delivered the opinion of the court.