Falls County v. Kluck

HALE, Justice.

Appellee, Paul R. Kluck, sued appellant, Falls County, for damages and injunctive relief. As grounds of recovery he alleged in substance that during the years 1940 to 1945, inclusive, appellant had wrongfully maintained, and unless prevented by injunction would continue to maintain, a public road along the west side of his 150 acre farm in such manner as to obstruct the 1 natural passage of surface waters from his land; that some time prior to 1940 there was a suitable culvert in the road-bed which permitted such waters to drain through the same. but appellant had discontinued…