Rounds v. Hoelscher

I concur in the result reached by the majority. I cannot agree however with the abandonment of the common enemy rule in favor of the reasonable use rule.

The Indiana version of the common enemy rule is summarized in the recent case of Argyelan v. Haviland (1981), Ind.App., 418 N.E.2d 569, at 571 (transfer pending) as follows:

“ ‘[A] lower property owner may dam against such water to prevent it from entering onto his land and . . . cannot be held liable for damages resulting from the accumulation of water above the obstruction or because such obstruction causes the water to flow onto the land of…