Walters v. Thrasher

JONES, Judge.

R. L. Walters and Gerald Thrasher appeal a judgment rendered in these consolidated cases which litigation was spawned by a dispute over whether or not there existed a servitude of natural drainage in favor of a farm leased by Thrasher over a farm leased by Walters, and a trespass by Thrasher upon the Walters’ farm.

Thrasher, believing his farm had a servitude of drainage over the Walters’ farm, on March 8, 1979 commenced construction of a ditch 3 ft. wide and 2 ft. deep upon his leased farm at the head of a shallow lake (Ida Lake) at a point approximately 150 yards southwest of…