Simonson v. Township of Alden

Action for an injunction to restrain the defendants from discharging the waters coming from the lands of the defendant Henche upon the premises of the plaintiffs and from maintaining tile and other drains to effect such result. There were findings for the plaintiffs directing an injunction, and the defendant Henche appeals from the order denying his motion for a neiv trial. The defendant toAvnship of Alden does not appeal.

The law is that the owner of upper lying lands may rightfully rid his lands of surface waters by casting them on lower lying lands, but that in doing so he must proceed so…