Hogan v. Olivera

McMurray, Judge.

This case involves a suit for damages, general and special, resulting from a trespass upon realty by the defendant allegedly collecting and discharging large quantities of surface water upon plaintiff s property.

The evidence showed that defendant developed a subdivision above plaintiffs lot. In order to drain surface water from a part of the subdivision, defendant’s contractor cut an extension ditch from the end of a drainage pipe through a natural swale resulting in the discharge of the water onto plaintiffs property. While the contractor testified he cut this extension ditch…