143 Iowa 297 | Iowa | 1909
The plaintiff owned the N. % of S. W. % of section 12, and the defendant. the N. % of S. E. % of the same section. There was a depression or a swale through the plaintiff’s land and on through that of the defendant to the southeast. Previous to the defendant’s acquisition of the land, a ditch had been excavated in the plaintiff’s land through that of defendant which appears to ■ have carried the water off. Prior to that ■a ditch had been dug under the fence about two rods north
V. The fourth instruction requested was rightly refused, for there is nothing in the record indicating that the ditch was purely experimental. On the contrary, it had successfully carried the water from plaintiff’s land.
The record is without prejudicial eiror, and the judgment is affirmed.