Johnson v. Leazenby

Plaintiff and defendant each own eighty acres of land. These tracts adjoin. This action was instituted to recover damages alleged to have accrued to plaintiff by defendant erecting an embankment on his own land near the line dividing the two tracts, so that it obstructed the flow of surface water off of plaintiff’s land onto defendant’s, causing such water to back up over plaintiff’s land and destroy his crops. The judgment in the trial court was for plaintiff.

It is charged in the petition that the topography of the land belonging to these parties was such that the surface water falling upon,…