Barry v. Wittmersehouse

This is an action in equity to enjoin the defendants from maintaining a dike which interferes with the flow of water from the plaintiffs’ land. After trial on the issue the trial court inspected the premises and entered judgment for the defendants. Plaintiffs’ assignments have been consolidated for purposes of this review. Plaintiffs maintain that the lower court erred in failing to apply the rule that surface water from higher lands may not be dammed, repelled, or diverted if it is flowing into a natural watercourse or into a natural body of water. The plaintiffs also assigned as error that…