Johnson v. Kraeger

Plaintiff in error, Mary H. Johnson, brought suit against Kraeger to enjoin him from draining water from his land, the south half of the southeast quarter of section 16, on to the plaintiff’s land, the west half of the southeast quarter of section 21. The decree was for the defendant and she brings error. The sole ground on which she predicates error is that the admitted fact that defendant’s drains discharge water onto her.land entitles her to relief because it amounts to a continuing trespass. This claim is based upon sound principle, but water came down from his land to hers both by…