Rardin v. Marcotte

The opinion of the court was delivered by

Wertz, J.:

This action was instituted by Theodore and Edna F. Rardin, upper landowners, and Harold Teasley, their tenant, plaintiffs (appellees), against defendants (appellants) Frank and Adelore Marcotte, lower landowners, for a permanent injunction against defendants’ keeping and maintaining on their land a dam which caused water to back up on plaintiffs’ land. Defendants secured joinder of the City of Palco as a party plaintiff (appellee), hereinafter referred to as the city, and then answered by requesting injunctive relief against the plaintiffs to…