Any farmer, mayordomo of acequia or other person having charge of irrigation or drainage waters, who, through neglect, oversight, carelessness or design, shall allow irrigation or drainage waters to flow upon any public highway, so as to hinder, delay or obstruct travel, or any person who, through neglect, oversight, carelessness or design shall allow water to flow from any reservoir, tank or watering trough upon any public highway, so as to hinder, delay or obstruct travel, shall be liable to any person, corporation or copartnership for any delay, deterioration or damage to any field, beast of burden, freight or commodity caused by reason of such water flowing upon the public highway.
History: Laws 1917, ch. 100, § 2; C.S. 1929, § 64-1306; 1941 Comp., § 58-608; 1953 Comp., § 55-6-8.
ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 312 to 320.
Liability of state, municipality or public agency for vehicle accident occurring because of accumulation of water on street or highway, 61 A.L.R.2d 425.
40 C.J.S. Highways § 218.