Johnson v. Metropolitan Life Insurance

RUDE SILL, Circuit Judge.

The plaintiff, respondent herein, sought to enjoin defendant, appellant herein, from continuing to maintain a drain whereby it drained water from its land, which water was eventually discharged upon and across the land of the plaintiff. Findings and judgment were for the plaintiff and the defendant appealed.

It appears from the undisputed evidence that the plaintiff is the owner of the west half of the southwest quarter and the southwest quarter of the northwest quarter of Section 15, Township 118 of Range 49, situated in Grant County, South Dakota, and defendant is…