Hatmaker v. Gripe

This is an action for damages to land allegedly caused by a landowner in diverting surface waters from their natural drainage located on his own land onto the land of the adjoining owner. Demurrer to plaintiff’s evidence in the trial court was sustained and judgment rendered for defendants, and plaintiff appeals. The p'arties are herein designated in the same order as they appeared at the trial.

The parties owned adjoining 80-acre tracts, plaintiff’s on the east, both running lengthwise north and south. Prior to the occurrences out of which this action arose, the surface waters during seasons…