Everett v. Davis

The appellants were enjoined from erecting or maintaining certain fences and embankments, upon a determination that by their use surface waters had been diverted to the damage of the adjoining landowner. In challenging the correctness of -this decree, they assert, contrary to the court’s findings, that these were flood waters, a common enemy against which they had a right to protect their property.

The land of the respondent, upon which there is a valuable orchard, lies on each side of a public road. On the northerly side of this road, and adjoining it on the east, is the property of the…