Whiffin v. De Tweede Northwestern & Pacific Hypotheekbank

GIVENS, J. —

Appellant owns certain land immediately west of respondent’s land, through which a natural swale or drainage depression extends roughly from east to west.

During 1926 and 1927, appellant’s lessees constructed a fill across the swale at the eastern edge of appellant’s land, placing therein a culvert about twelve inches in diameter. This culvert became clogged, and caused respondent’s land to overflow, for which suit was brought for crop damages for the years 1926, 1927 and 1928, and for permanent injuries to the land. The lease of the lessees who constructed the fill expired in…