Johnson v. Agerbeck

Nelson, Justice.

This is an appeal from an order denying defendants’ motion for amended findings or for a new trial. The court below found plaintiffs entitled to a permanent injunction and thereby entitled to a mandatory injunction of the court compelling defendants to forthwith fill up a ditch on their land and on the adjacent public right-of-way. The matter was submitted to the court on all issues.

The questions involved in the main are whether the evidence sustains a finding that defendants unreasonably caused surface waters to flow in increased volume onto the plaintiffs’ land contrary to…