Spoo v. Garvin

Opinion of the Court by

Judge "Willis

Affirming.. The parties to this appeal are adjoining lot owners, and the controversy concerns cross-claims for alleged injuries to the respective lots.

Katherine Garvin instituted the action to recover damages and to obtain a permanent injunction to compel Spoo to grade his lot, or to take proper steps to prevent the washing of mud upon plaintiff’s lot.

It was alleged that the defendant’s property was higher than that of plaintiff, resulting in surface water flowing upon the lower ground; that Spoo had changed the surface of his lot, and piled along and near…