Eppling v. Seuntjens

— This action is in equity for injunctive relief and money damages for claimed diversion of surface water by defendant Seuntjens onto plaintiff Eppling’s adjoining farm land. Following trial plaintiff had judgment for $1681 mainly for damage to crops and pasture. No injunctive relief was granted. Defendant has appealed.

Plaintiff Eppling purchased his farm from John Killhorn in 1948 and took possession in March 1949. It is the north 200 acres of the east half of a certain section 10' in Plymouth County. Defendant Seuntjens purchased the west half of the section in 1940. The natural course of…