Stone v. Ashurst

Opinion op the Court by

Stanley, Commissioner — -

Affirming. ■

Tbis is an appeal and cross appeal from a judgment mandatorily enjoining tbe defendants, Newt Asburst and Cloda Asburst, to replace a culvert in tbeir driveway or to remove a fill constructed therein in order to permit tbe natural flow of surface water from tbe land of plaintiff, Henry Stone, and also requiring the plaintiff to close or fill certain ditches he had made on his land which increased the flow of the surface water on to the defendant’s land.

The respective parties own adjoining property on the south side of Highway No. 80,…