Gruntorad v. Hughes Brothers

This is an action in equity brought by appellants to enjoin and to compel the removal and abatement of a nuisance created, as they allege, by appellees’ erecting dams, dikes, and obstructions and excavating a diversion ditch in the flood plane of the Big Blue River and thereby diverting floodwaters from the river and Bayou Creek from their natural course of drainage upon and over the land of appellants and to recover the damages they claim they have sustained as a result thereof.

The land owned by appellants is in the Big Blue River valley upstream from the city of Seward. It is described in…