Ruehs v. Schantz

In these consolidated cases plaintiffs are owners of certain servient farm lands in Caledonia township, Kent county, which are burdened with the natural flow of surface water from the adjacent upper or dominant estates of the defendants. Plaintiffs filed similar bills of complaint in the chancery court to enjoin defendants from draining additional water upon the lands of plaintiffs by means of subsurface tile drains. The cases were consolidated for hearing, the circuit judge dismissed the suits, and plaintiffs appeal. The single question for review is the same in both cases:

“May an upper farm…