Werling v. New Haven Conservation Club, Inc.

The appellant tried this case below on the theory that the appellee dammed up a natural water course and thereby caused water to back up and flood his land. He sought a mandatory injunction to compel the appellee to remove the dam and to refrain in the future from interfering with the flow of water along said natural course. The case was tried to the Whitley Circuit Court which found against the appellant on his complaint and denied the relief sought. The sole error charged in this appeal is the overruling of the appellant’s motion for a new trial which makes but two contentions as follows:…