Rarey v. Lee

The appellee was the plaintiff, and the appellant the defendant in the court below. The following facts appear from the special verdict.

In 1887 the plaintiff and defendant were the owners of adjoining lands. On the defendant’s land there was a ridge or natural water-shed extending in a general northeasterly and southwesterly direction. All the water falling on the lands naturally flowed to the east and south; and to the north and west. The waters falling on the lands east and south of the ridge flowed away from the plaintiff’s lands and no part thereof came upon the same. The defendant cut…