Legal Opinion

Rae v. Kuhns

South Dakota Supreme Court

Decided August 31, 1921No. File No. 4839PublishedCited by 3 opinions

Appeal from Circuit Court, Lincoln Count}'. Hón. Louis L. FuEEGER, Judge. Action by R. A. Rae, against A. J. Kuhns, praying for an injunction against defendant directing the removal of a certain dam or fill constructed by defendant across plaintiff’s drainage; defendant, in addition to defending, having counterclaimed and prayed an injunction against plaintiff’s maintenance of said drainage.

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Appeal from Circuit Court, Lincoln Count}'. Hón. Louis L. FuEEGER, Judge. Action by R. A. Rae, against A. J. Kuhns, praying for an injunction against defendant directing the removal of a certain dam or fill constructed by defendant across plaintiff’s drainage; defendant, in addition to defending, having counterclaimed and prayed an injunction against plaintiff’s maintenance of said drainage. From a judgment for plaintiff and denying defendant’s prayer for an injunction, and from an order denying a new trial, defendant appeals. (2) To point two of the opinion, Respondent cited; Thompson v.…

1Opinion of the CourtGates, J.

This is a case involving the right of an upper landowner to construct tile drains wholly upon his own land and thereby cast the water from certain ponds upon the land of the lower landowner. The following map of section 21, township 98, range 50 west 5th p. m., in Lincoln county, fairly shows the situation :

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Plaintiff owns the northeast quarter, and defendant the southeast quarter of the section. Plaintiff constructed tile drains from ponds C and E into pond B, and from ponds B and D into depression A.

Following are the findings of fact and conclusions of law made by the trial court, except the…

2Cases cited1 opinion

  1. Venner v. OlsonSouth Dakota Supreme Court · 1918

3Cited by3 opinions

  1. Johnson v. Metropolitan Life InsuranceSouth Dakota Supreme Court · 1946
  2. Feistner v. SwensonSouth Dakota Supreme Court · 1985
  3. First Lady, LLC v. JMF PROPERTIES, LLCSouth Dakota Supreme Court · 2004

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