Hagedorn v. Maly

This is an action in equity to restrain the defendants from cutting a dike and from maintaining a ditch so that water will flow over and upon the plaintiff’s land. The plaintiff prevailed, and the defendants appeal.

The plaintiff’s land is east and south of the defendants’ *371farms. The Elkhorn river, into which the water from the territory to the west flows through sloughs, swales and other waterways, is still further eastward. In a state of nature the surface water, which originated upon a considerable area west of the defendants’ land, flowed northeastward into a swale, and thence…