Mitchell v. Bain

This was an action brought by appellees to enjoin appellant from erecting and maintaining an embankment on his own land, by means of which the water was collected and caused to flow and run in large quantities into a private road of appellees, their only means of ingress and egress to and from their farm of two hundred acres, thereby rendering the same unsafe for use, and to recover damages.

A demurrer to the complaint for want of facts was overruled, answer filed, and at request of appellant the court made a special finding of facts and stated its conclusions thereon. Appellant excepted to…