Freeman v. Scherer

The opinion of the court was delivered by

Johnston, C. J.:

A. J. Freeman brought suit against the defendants asking for a mandatory injunction directing the defendants to remove a dike built by them in April, 1911, after chapter 175 of the Laws of 1911 took effect, which dike Freeman alleged was so placed as to interfere with the natural course of drainage down the valley from his land. The lands involved in the suit all lie between two streams — one on the *185West called Crute Branch, and 'one on the east called Chapman creek — and on both sides of a road running east and west on the line between…