City of Coldwater v. Tucker

Campbell, J:

The bill in this case was filed to restrain defendant from obstructing a ditch through his lands adjoining the city of Coldwater, which he is alleged to have attempted in violation 'of an agreement whereby a right was assured to the city to use it for an outlet of drainage.

It appears that in 1862, or thereabouts, a county ditch ivas laid out through defendant’s. lands and lands north of them to a branch of Coldwater river. The city of Cold-water, lying immediately south of Tucker, had by drainage, partly natural and partly artificial, turned the surface water of a considerable…