Evans v. Diehl

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a decree enjoining the defendant from maintaining a tile drain constructed by him to draw off surface and standing water from his own land, *729and which cast it on neighboring land belonging to the plaintiff. ■ ' • •

The lands of plaintiff and defendant lie' in the west half •of section 24, township 18 south, range 1 west, near the Solomon river in Saline county. The plaintiff’s land lies north of defendant’s, and they are separated by the right of Way of the Rock Island railway, which runs in a northeasterly direction in…