Alsager v. Peterson
South Dakota Supreme Court
■ Appeal from Circuit Court, Day County. Plon. Frank Mc-Nulty, Judge. Action by Peter J. Alsager against John P. Peterson, to enjoin continuance of a wafer ditch affecting plaintiff’s land! From a judgment for defendant and an order denying a new trial, plaintiff appeals.
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■ Appeal from Circuit Court, Day County. Plon. Frank Mc-Nulty, Judge. Action by Peter J. Alsager against John P. Peterson, to enjoin continuance of a wafer ditch affecting plaintiff’s land! From a judgment for defendant and an order denying a new trial, plaintiff appeals. As we view this evidence, taking it as a whole, the preponderance thereof shows that water was actually conveyed through the ditch, discharged from the end thereof, flowed on down the slope and was thence deposited on the lands of appellant. That the water thus thrown upon his lands was water which would not have gone there…
1Opinion of the Court
WPIITING, P. J.,
Plaintiff and defendant owned farms which adjoined one another. Upon defendant’s farm there were two or three low places, and, for the purpose -of draining the water therefrom, he had dug a ditch -Which conducted the water through a rise of land into a slough partly on defendant’s and parti}1- on plaintiff’s farm. Plaintiff brought this action -seeking an injunction restraining defendant from continuing the maintenance of such ditch; plaintiff -claiming that the same caused an unusual discharge of surface water upon his land, to its injury and his damage. It appears that triad…
2Cases cited6 opinions
- Reynolds v. . EverettNew York Court of Appeals · 1894
- Langmaid v. ReedMassachusetts Supreme Judicial Court · 1893
- Lewis v. Town of North KingstownSupreme Court of Rhode Island · 1887
- Chicago, M. & St. P. Ry. Co. v. CommissionersSouth Dakota Supreme Court · 1912
- Redley v. Greiner & BossinghamSupreme Court of Iowa · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gross v. Connecticut Mutual Life Insurance Co.South Dakota Supreme Court · 1985
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- Winterton v. ElversonSouth Dakota Supreme Court · 1986
- Mallon v. City of Long BeachCalifornia Court of Appeal · 1958
- Conrad v. KaupNebraska Supreme Court · 1940
15 more not listed; retrieve them via the Exa API.