Stadheim v. Becking

FOSHEIM, Justice.

Appellants, Glenn Stadheim and Harlan Stadheim, were engaged in a father-son farming operation. They brought this action to enjoin the respondent from obstructing a drainage ditch and to recover damages. The trial court granted the injunction, but denied damages. This appeal is from that part of the judgment denying damages. We reverse and remand.

On January 26, 1968, appellant Glenn Stadheim was granted an easement for a drainage ditch across a half section of land in Codington County. From 1972 through 1977, respondent Richard Becking leased one of the servient tenement…