59 Ind. App. 10 | Ind. Ct. App. | 1915
In tbe first paragraph of Ms complaint against appellant, a railroad company, appellee averred that he was the owner in fee of certain lands in donation 143, Knox County, Indiana, through which appellant had a right of way, that appellant had collected surface waters from its
The court found the facts substantially as alleged in the first paragraph of complaint, including findings that a large ditch had been washed out on appellee’s lands, and that the waters after reaching the foot of a hill through said large ditch, spread out over and damaged three acres of bottom land. It found that the rental value of the lands was thereby lessened, and that the fee was also damaged, and rendered conclusions of law allowing damages to appellee for loss of rental value, and for damages to the fee, and enjoining appellant permanently from collecting and throwing surface water on appellee’s lands. Substantially the same findings and conclusions of law were made as to the second paragraph of complaint.