Allely v. Fickel

Plaintiffs sought to enjoin the maintenance of a levee built by defendant on his land and parallel to a small stream-and in connection therewith asked for a mandatory writ which would require its removal. It is plaintiffs’ contention that the construction of the levee caused the damming up of floodwaters of the stream and the diverting of it onto plaintiffs’ land, thereby causing damage to their property. The defendant maintained that the levee was erected in keeping with good conservation practices, with no intent to harm anyone, and ásserted that the removal of it would cause damage to his…