Simon v. Neises

The opinion of the court was delivered by

Wertz, J.:

This action was brought by plaintiffs (appellees) Mary Simon and Leo Simon against defendants (appellants) John J. Neises, Marie Neises and Eugene M. Graves seeking a mandatory injunction to abate a nuisance and the injurious diversion of a watercourse, and to recover damages to crops occasioned by flood waters diverted onto plaintiffs’ land by reason of a levee constructed by defendants on a watercourse running through John Neises’ land. The pertinent facts follow:

Section 34, Township 26 South, Range 2 West is located in the western part of…