Enderson v. Kelehan

Matson, Justice.

In an action to enjoin defendant from diverting certain surface waters onto plaintiff’s land and to recover damages, judgment was entered for defendant dismissing the action on the merits. Plaintiff appeals.

Plaintiff is the owner of a quarter section of farm land in Otter Tail county situated to the northeast of, and catercorner to, a quarter section owned by defendant. Adjoining the land of plaintiff on the south and that of defendant on the east is another quarter section owned by one Loomer. Adjoining the land of plaintiff on the west and that of defendant on the north is a…