Boll v. Ostroot
South Dakota Supreme Court
Appeal from Circuit Court, Hamlin County. Hon. Gborgs H. Marquis, Judge. Action by William Boll against Gilbert G. Ostroot. From an- order granting a temporary injunction, defendant appeals.
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Appeal from Circuit Court, Hamlin County. Hon. Gborgs H. Marquis, Judge. Action by William Boll against Gilbert G. Ostroot. From an- order granting a temporary injunction, defendant appeals. In the clearing, improvment and preparation of land for cultivation, the owner thereof may, in the exercise of good husbandry, drain his 'soil, although the -consequence is that the surface water flows from his land with gTeater rapidity, and the quantity of water flowing upon the lower land is considerably increased.Hughes v. Anderson, 68 Ala. 280; Hicks v. Silliman, 93 111. 255; Peck v. Herrington, 109…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from the order granting a temporary injunction. An action was instituted by the plaintiff to enjoin the defendant from constructing" a ditch or drain for the purpose of draining the water from a sink bed or slough on the premises of said defendant onto- and over the premises of the plaintiff, and from in any manner draining the said sink hole or slough on the premises of the defendant so as to conduct the water therefrom onto and over the premises of the said plaintiff. An order to- show cause was issued upon the verified complaint, and oh the return day the…
2Cases cited19 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Goodale v. . TuttleNew York Court of Appeals · 1864
- Gregory v. BushMichigan Supreme Court · 1887
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3Cited by10 opinions
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- Bogue v. Clay CountySouth Dakota Supreme Court · 1953
- Johnson v. Metropolitan Life InsuranceSouth Dakota Supreme Court · 1946
- Feistner v. SwensonSouth Dakota Supreme Court · 1985
- Jontz v. NorthupSupreme Court of Iowa · 1912
5 more not listed; retrieve them via the Exa API.