Schomberg v. Kuther

The plaintiff Bertha Schomberg brought this action in equity against the defendant David E. Kuther in the district court for Pierce County to restrain and enjoin the defendant from diverting surface water from the natural course of drainage on his land onto the land of the plaintiff; to compel the defendant to remove dikes and dams made by him, and to replace and fill in any ditches that he may have dug, all of which contributed to and caused the unlawful diversion of such water; and to recover damages alleged to have been sustained by the plaintiff due to the negligence of the defendant in…