Burnison v. Fry

The opinion of the court was delivered by

Fromme, J.:

This appeal concerns two actions to recover crop damage and to enjoin maintenance of a diversion ditch which the plaintiff Joe Burnison alleges was unlawfully constructed by defendants to change the natural flow of water from defendants’ premises.

The defendants, W. D. Fry and Norma Fry, are husband and wife. Their farm is on higher ground than plaintiff’s farm. Surface water from rainfall on defendants’ farm flows to a diversion terrace and is carried into a watercourse. The water follows this watercourse across a road separating the two…