Heier v. Krull

The defendants appeal from a judgment in

favor of plaintiff.

The object of plaintiff’s suit was to enjoin the defendants from enlarging Old Live Oak Slough and from constructing or maintaining a certain proposed ditch, and from doing any other act or thing whereby any of the waters falling upon the lands northeasterly of a certain alleged ridge, some six miles northerly of plaintiff’s lands, might be precipitated, or the flow thereof accelerated, to or upon the plaintiff’s lands. He also asks for a mandatory injunction requiring defendants to fill up so much of said ditch as had been dug before…