Schwartz v. Wapello County

The appellant owns a farm bordered on the north by a highway, which is under the jurisdiction of the board of supervisors. The farm to the north of the highway is owned by Tennyson. The appellant seeks to enjoin the appellees from installing a culvert in a swale or draw running in a southerly direction through a portion of the Tennyson land and across the road to a large ditch 108 feet south of the highway. No complaint is made by the appellant as to the kind of culvert which the appellees contemplate installing. The uncontradicted evidence is that the water from about 3 acres of the Tennyson…