Abrams v. Wright

Bussey, Justice:

In this action plaintiffs-appellants seek to recover damages allegedly caused by defendants impounding, concentrating and channeling surface water over land of the plaintiffs. The appeal is from an order of the circuit court granting summary judgment in favor of the defendants. Recognizing the established rule that, while surface water is regarded as a common enemy, an upper owner cannot collect surface water by any artificial means and cast it upon a lower landowner in a concentrated form, the court concluded that there was no evidence that the defendants had done so in this…