Little Falls Herald

The case of Ole H. Johnson vs. Harrison & Peterson and Morrison county was the first to come up for trial at the convening of court Monday afternoon. In this case plaintiff sues for $500 damages alleged to have been done on his farm by overflow of the Little Elk river, which, plaintiff alleges, was caused by the waters of a large drainage ditch, constructed by the defendants, emptying into the Little Elk. This drainage ditch, known as the Clough town ditch, has been the cause of quite a little trouble, during its construction, to all concerned.

The overflow of the Little Elk, in August 1906, after a heavy rain, did much damage to Mr. Johnson's hay crop and land and it is the plaintiff's claim that the ditch was responsible for it, and he introduced evidence tending to show that the Little Elk had never before overflowed its banks in August.

The defendants claim that at the time the damage was done, the ditch was not yet completed and that the extra flow of water from it would not affect the stage of the water in the Little Elk to any great extent. They also showed that the Little Elk had overflowed its banks at certain seasons before the ditch was completed. Much evidence was brought up by both the plaintiff and the defendants. No arguments were made and the case will be presented to the court in briefs.