Goering v. Schrag

The opinion of the court was delivered by

Parker, J.;

This appeal involves the right of a landowner to enjoin another landowner from draining surface waters from the latter’s land and recover damages resulting from an alleged wrongful drainage of such waters. Plaintiff appeals from an order and judgment sustaining a demurrer to his petition.

Since the sufficiency of the petition is the sole issue involved and its allegations detail the factual situation on which plaintiff bases his right to relief such pleading, omitting formal allegations, averments as to damages, the prayer, and a full and…