Pell v. Nelson

Otis, Justice.

The issue raised on this appeal is whether the mechanical means employed by plaintiffs for gathering and disposing of surface water and releasing it so that it flows across defendant’s adjoining property is an unreasonable use of plaintiffs’ land. The trial court held that it was and we affirm.

The plaintiffs Pell own 360 acres of farmland in Freeborn County, of which a so-called “Krai 40” was purchased in 1967. Defendant, Kobert Nelson, in 1962 acquired 77% acres immediately to the east and below the Pell property. Prior to the construction of the drainage system which…