Aubuchon v. Foster

Plaintiff was in possession, under a lease, of one hundred and sixty acres of land in Buchanan County, Missouri. There was a stream of water on plaintiff’s land near and adjoining the land of defendant. Plaintiff, desirous of accommodating defendant, agreed that defendant might clear, fence up and use a small strip of ground consisting of an acre or more connecting defendant’s land with the stream. Plaintiff furnished the posts and defendant the wires for the fence. This arrangement ran along for some months dry weather came, and plaintiff contending that defendant had stopped the water from…