Kougl v. Curry

The right of the defendants to maintain a dike or levee along the boundary line between forty-acre tracts owned respectively by the parties, and thereby to obstruct the natural drainage of surface waters from plaintiff’s tract, was placed in issue by this action. The trial court concluded that the defendants had acquired a prescriptive right to maintain the levee and thereby to free their property from the flow of surface waters from plaintiff’s property. Judgment was entered for defendants and plaintiff has appealed.

Plaintiff is the owner of the Northwest Quarter (NW1^) of Section Seven (7),…