Wood v. Brown

The opinion of the court was delivered by

Burch, J.:

The action was one to enjoin the defendant from collecting water by means of a tile drainage system on his farm and discharging it upon the plaintiff’s farm through a six-inch pipe and a ditch. The plaintiff recovered and the defendant appeals.

The six-inch pipe was laid in a ditch through what is called a ■hogback near the line dividing the two farms. The pipe ends on the defendant’s farm nineteen feet from the line. It empties into a dug ditch leading to a depression on the plaintiff’s land through which water naturally finds its way to Lath…