Miller v. Letzerich

In a suit brought by the defendants in error the trial court enjoined the plaintiff in error Isley and his tenant Miller from repairing an existing levee and ditch, and from extending it, which they were then doing, so as to divert the natural flow of surface waters from the land of Isley on to that of the defendants in error. This judgment was affirmed on appeal, and the case is before us by writ of error. 292 S. W., 560.

This opinion is confined to a discussion of the law of surface waters due to precipitation, while flowing over the ground in a diffused state. The topographic map in the…