Cunningham v. McConnell

BERRY, Justice.

This action, originally brought by A. F. Bradfield, now deceased, revived prior to trial in his Executrix, Emma Bradfield, and later revived again in Emma Bradfield’s Executor, proceeded to trial on the amended petition of Emma Bradfield, herein referred to as plaintiff, to enjoin J. W. McConnell, Jr., herein referred to as defendant, from interfering with the natural flow of surface waters in such a way as to injure plaintiff. Defendant filed cross-petition which is not involved on this appeal.

For the sake of brevity, we will only consider the pleadings and proceedings which…