Anderson v. Drake
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. J. H. McCoy, Judge. ‘ ' Action by Adolph Anderson against E. R. Drake. 'From a judgment for defendant and an order 'denying- a new trial, plaintiff appeals.
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Appeal from Circuit Court, Roberts County. Hon. J. H. McCoy, Judge. ‘ ' Action by Adolph Anderson against E. R. Drake. 'From a judgment for defendant and an order 'denying- a new trial, plaintiff appeals. Where two parcels of land belonging to different owners are adjacent to each other and one parcel lies lower than the other, the lower one owes a servitude to the upper, to receive the water which naturally runs from- it, provided the industy of man has not been used to create the servitude. Martin-v. Jett, 12 La. 501; Lattimore v. Davis, 14 La. 161; Dalahoussaye v. Judice, 13 La. Ann. 587;…
1Opinion of the CourtWhiting, J.
This action comes before this court upon an appeal from the judgment of the trial court and from the order of such court denying a' new trial herein. The action was tried in the lower court before a judge without a jury, and the said trial court at the close -of' the plaintiff’s testimony,- upon motion of the defendant, dismissed the complaint therein and *218filed its findings of fact and conclusions of law favorable to said defendant, refusing certain findings asked for by the appellant. Upon this appeal the plaintiff and appellant assigns as error certain rulings of the trial court in…
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