Winterton v. Elverson

SABERS, Justice.

This is an appeal from the trial court’s award of damages, injunction, and prejudgment interest for the discharge of water from defendant’s drainage tile upon plaintiff’s agricultural land. We affirm in part, reverse in part and remand.

Statement of Facts

Appellees Ordell A. and Madeline Winter-ton (Winterton), have lived on and farmed the Southwest Quarter of Section 25, Logan Township, Minnehaha County, South Dakota, since 1951. Appellant Stanley K. Elverson (Elverson), is an adjacent landowner whose agricultural property is located to the northeast of the Winterton’s land. A…