Martin v. Lown

The opinion of the court was delivered by

Johnston, C. J.:

W. E. Martin brought this action to enjoin George L. Lown from maintaining a dam or levee on his land which obstructed the natural drainage and flow of surface water and tended to throw it back upon plaintiff’s land. The parties owned adjoining farms which were separated by a highway. Martin’s land slopes slightly and the water flows on it eastward towards Lown’s land. There is a culvert across the highway in the low part of the ground. Just inside of his fence and at the edge of the highway Lown built an embankment for a distance of…