Swanson v. Bishop Farm, Inc.

Plaintiffs, Robert and Mary Swanson, sought an injunction and damages from the defendant for causing surface water in excess of the natural flow to be dispersed on plaintiffs’ adjoining property. The trial court denied the plaintiffs’ request for an injunction but awarded them $2,500 in damages. Plaintiffs appeal from that part of the judgment' denying an injunction.

The plaintiffs own a home on Commonwealth Avenue in Springfield, Vermont. Behind the house there is a steep Embankment which extends uphill to a plateau. A portion of the embankment and much of the plateau is owned by the…