Shellhammer v. Caruthers

WALKER, Chief Justice.

This appeal is by writ of error, but the parties will be referred to as appellants and appellee; the action was by appellee, J. L. Caruthers, against appellants Menard Shellhammer et al. to recover damages for the overflow of his land and to his growing crops. He pleaded two theories of recovery: (a) For a portion of his land he had a right of drainage across appellants’ land on allegations that his land was higher than appellants’ and that appellants interfered with his drainage by building an embankment on their land between his land and their land, (b) As to the…