Rarey v. Lee

The appellee sued the appellant to recover damages for injury to his land, from surface water alleged to have been wrongfully thrown upon such land by appellant.

The complaint is in two paragraphs, in substance the same, to each of which a demurrer was filed and overruled. The appellant then filed an answer of general *519denial, under which, it was agreed that appellant could prove all defenses the same as if specially pleaded.

The first and second errors assigned in this court call in question the sufficiency of the complaint, the first paragraph of which is as follows:

“The plaintiff, Stephen P.…