West Side Ditch Co. v. Bennett

This case presents the instance of a land owner by his own industry and for his own purposes draining a swamp area upon his own land and collecting the water therefrom in a drainage ditch of his own construction. This ditch leads across Dry Modesty and to a depression upon the same land of this land owner. After filling the depression, the water overflows back into the channel of Dry Modesty. Respondents cross the channel of Dry Modesty with the West Side Ditch a long way below the land in question and empty the entire flow of Dry Modesty into their ditch. They now claim not only what would…