Pomponio v. Larsen

The plaintiff, Pomponio, brought this suit against defendant, Larsen, to enjoin defendant from operating two tile drains which plaintiff alleged collected the water on the land of defendant and emptied the same upon the land of plaintiff.

The defendant set up a number of defenses, among others that the matter was res judicata, and, in connection therewith alleged in his answer that previously the plaintiff had brought an action against defendant for damages alleged to have been sustained to plaintiff’s land, because of surface water from a reservoir maintained by defendant, and because of…