Beetison v. Ballou

So far as concerned in this appeal, plaintiff brought this action for a mandatory injunction ordering the defendant to remove a dike constructed on his land, and that the defendant be permanently enjoined from con structing or maintaining any embankment upon his land interfering with the natural flow of floodwaters from Wahoo and Salt Creeks, and for equitable relief. Defendant joined issue and prayed for a dismissal of the action. After trial the court found generally for the defendant and dismissed the plaintiff’s petition. Plaintiff appeals. We reverse the judgment of the trial court and…