Krafka v. Brase

Colwell, D. J., Retired.

Plaintiff, Clarence Krafka, appeals the dismissal of his suit tp enjoin defendant, Irene Brase, from stopping the natural flow of surface water which caused ponding damage to plaintiff. The trial judge personally inspected the lands. We affirm.

Krafka assigns a.s error that the injunction should have been granted on the evidence and as a matter of law. Further error is claimed on the basis that he had acquired a prescriptive right for drainage of water through an artificial culvert.

While we review these cases de novo, the rule is that where there are issues of…