56 Ind. App. 220 | Ind. Ct. App. | 1913
This is a suit by appellants to enjoin Franklin Township, Henry County, Indiana, Thomas White, trustee of the township, and Ernest Rogers, supervisor of a certain road district in the township, from casting surface water on appellants’ lands and failing to provide an outlet therefor. The gist of the complaint is that there is a township road running along the west side of appellants’ lands; that the road is graded and runs across a certain valley with gutters on both sides of the road from twelve to fifteen inches deep; that the surface water from lands on the west side of the highway runs toward the road and accumulates in the ditch or gutter on the west side thereof; that the natural flow of the surface water is south and east across
Upon request, the court made a special finding of facts, which is in substance as follows: That on February 22, 1909, Elias B. Beach died testate owning the real estate which is alleged to have been damaged; that he bequeathed the land for life to his wife with the fee in remainder to
On the foregoing' finding of facts the court stated as its conclusions of law “that the law and equities in the case are with the defendants, and that the plaintiffs are not entitled to the relief prayed for in their complaint.” Prom a judgment on the foregoing conclusions of law the plaintiffs appeal to this court and have assigned as error: (1) that the court erred in overruling appellants’ motion to modify the special finding of facts, to find specially on certain facts, and to make the finding more specific on facts within the issues; (2) that the court erred in overruling the
The motion for a new trial alleges that the decision of the court is not sustained by sufficient evidence; that it is contrary to law; that the court erred in overruling appellants’ motion to modify the special findings and in refusing to find certain facts within the issues; that the court erred
No reversible error is shown either in the conclusions of law on the finding of facts, or in overruling the motion for a new trial. Judgment affirmed.
Note. — Reported in 103 N. E. 498. As to how to obtain and to secure for review errors of trial court in giving or refusing instructions, see 99 Am. Dec. 118. See, also, under (1) 29 Cyc. 748; (3) 38 Cyc. 1958; (5, 6) 38 Cyc. 1985; (7) 29 Cyc. 836; (8) 3 Cyc. 348, 360; (9) 3 Cyc. 176.