Looby v. Buck

This is a suit in equity to enjoin the defendants-appellants from altering the contour of their land by grading and excavating and thereby casting surface waters upon plaintiff’s lands and for damages allegedly suffered by plaintiff as a result thereof. After a hearing on the merits, the court, which heard the case without a jury, dismissed plaintiff’s prayer for injunctive relief for want of equity but entered judgment for the plaintiff and against defendants for $2,175 and costs of suit. The defendants appeal from that part of the decree which rendered a money judgment against them.…