Nilson v. Markestad

SAND, Justice.

This is an appeal by the plaintiff, Mandy Nilson, from a district court judgment dismissing Nilson’s action for damages against the defendant, Edwin Markestad, on its merits. We affirm.

Nilson filed his action for damages alleging that Markestad wrongfully drained water from his property which ultimately flowed onto Nilson’s property causing damage to Nilson’s residence and loss to his hay crop.

The following diagram may provide assistance in understanding the situation.

Neither party disputed that the Markestad slough is approximately 20 acres in size and collects water from a…