Finkbinder v. Ernst

This action is brought to recover damages to plaintiff’s land and certain crops growing thereon, caused by defendant’s erecting a dam upon his own land, which plaintiff claims turned the waters which naturally flowed across defendant’s land upon and across certain lands of plaintiff.

It is claimed in the declaration that prior to June, 1898* the defendant wrongfully, unlawfully, and wantonly, by artificial means, gathered the surface water falling and flowing upon his own lands, and caused the same to flow through such lands onto the land' of one Hotrum, and thence onto and across the land of…