Black v. Escher

I. The lands of the parties adjoin. That of the plaintiff is lower than that of the defendant. At and near the line, the defendant has erected a dirt dam, or levee. ' Under certain conditions, the land of the plaintiff is overflowed, and the water flowing thereon reaches the place where said levee has been erected. Were there no levee at that point, this Avater would then flow over a depression on the land of the defendant, and into South Biver. It is conceded — at any rate, the testimony shows overwhelmingly — that the levee in question does not cause the overflow upon the land of plaintiff,…