Paasch v. Brown

Plaintiff, an upper landowner, claimed that defendant, a lower landowner, had obstructed the flow of surface waters in a natural drainway that was not a stream, river, brook, or watercourse. Injunctive relief and damages were sought. After a trial, and on a general finding, the District Court dismissed the claims, and plaintiff appeals.

In August 1970, plaintiff purchased a tract of 40 acres of land located in Section 23, Township 20 North, Range 6 East, Dodge County. The tract, a “long 40,” was % mile in length east-west. Its south boundary represented an extension of the south boundary line…