Aldritt v. Fleischauer

Letton, C.

Tbe plaintiff brought this action to enjoin the defendant from discharging surface waters which accumulated in a *67pond upon the defendant’s land through a ditch onto and over the lands of the plaintiff. The defendant is the owner of the west half of the northwest quarter of a certain section- of land in Fillmore county, and the plaintiff owns 160 acres south of it. Upon a portion of the defendant’s land there is a depression which extends to the eastward over the land of an adjoining proprietor, named Howarth. The larger portion of this depression or basin is upon the land of…