Block v. Franzen

Plaintiffs are the owners and a tenant of a farm of 160 acres. Defendants own a farm of 200 acres adjacent to plaintiffs’ land on the south. A large, landlocked pond is partly on each piece of land, lying across the common boundary. Defendants built a dike along the north side of their land so as to prevent water flowing into the pond on plaintiffs’ land from reaching the area of the pond on defendants’ land.

Plaintiffs petitioned for an injunction restraining the maintenance of the dike and ordering its removal. Plaintiffs prayed for crop damage. Defendants resisted the action and by…