52 Ind. App. 654 | Ind. Ct. App. | 1913
Appellant filed suit against appellee in two paragraphs of complaint. The first paragraph is for damages alleged to have been caused by appellee’s construction of a dam across a natural watercourse, and for a mandatory injunction to compel the removal of said obstruction. The second paragraph seeks damages for the obstruction of an easement, and also to quiet title thereto. Issues were joined by a general denial, and the cause was tried by the court. On request the court made a special finding of facts and stated its conclusions of law thereon, to which appellant duly excepted. The only error assigned is that the court erred in its conclusions of law.
The substance of the finding of facts is as follows: That plaintiff and defendant are the owners of adjoining farm
The facts found do not show any prescriptive right authorizing appellant to collect water by artificial drainage and cast it on the land of appellee in a manner that accelerates the flow and increases the quantity of the water that is thus brought upon his land.
The trial court did not err in its conclusions of law, and the judgment is therefore affirmed.
Note.—Reported in 101 N. E. 40. See, also, under (1, 5) 40 Cyc. 553; (2) 40 Cyc. 640; (3) 40 Cyc. 554; (4) 40 Cyc. 642; (6, 8) 40 Cyc. 649; (7) 14 Cyc. 1151. As to right of landowner to diminish or accelerate flowage to or from lands of his neighbor, see 85 Am. St. 708. As to surface waters and the right of lower proprietor to obstruct flow, see 16 Am. St. 710. As to the distinguishing character of watercourse, see 1 L. R. A. (N. S.) 756. For watercourse as distinguished from surface water, see 25 L. R. A. 527. As to the acquisition by an artificial stream of the character of a natural watercourse, see 14 Ann. Cas. 909.