Sweetman v. Owens

Proprietors'of land instituted an action against coterminous upper proprietors. The petition alleged that “a large ditcli or slough, which is a natural drain from two to three hundred acres of land, flows from and across the defendant’s land; thence across . . the land of” petitioners. The defendant constructed a described rock wall on his own land across the drainway, whereby “the natural flow would obstruct it, causing it to be backed upon the defendant’s land,” and forced “through and over” the wall upon petitioners’ land in a way and manner different from which the water would naturally…