Pechacek v. Hightower

ARNOLD, Justice.

Plaintiff Libbie Pechacek brought this action in the District Court of Pottawatomie County upon two causes of action, the first asking for a mandatory injunction requiring defendants J. H. Hightower and Mrs. J. H. Hightower to remove a levee built by them adjacent to Shan Creek and the second seeking damages caused by the diversion of flood waters 'by said levee upon the lands of plaintiff. Defendants filed answer and cross petition consisting of a general denial and allegations that any damage sustained by plaintiff was caused by her wrongful and tortious construction of a…