Keifer v. Stanley

Plaintiff brought this action to recover damages to his land and crops, caused, as he avers, by the wrongful act of defendant in damming and obstructing the flow of water in the natural channel of Oak creek in such a manner as tc divert and cast the waters of the creek upon ^aintiff’s lands.

Defendant in his answer denied all the allegations of the petition save those relating to the ownership of the farms of the respective parties, and for a further defense alleged that “if plaintiff’s lands were flooded, or his lands or crops damaged, such flooding and damage were caused without any fault,…