Rodley

Plaintiff and defendant owned adjoining tracts of land, the land of the latter being higher than that of the former. It is alleged in the complaint that defendant dug a ditch upon the defendant’s said tract of land over and along nearly the entire length of said land and up to the point where it adjoins plaintiff’s land, for the purpose of draining defendant’s said tract of land, and caused all rain and surface waters thereon to run to and upon said plaintiff’s land, and said ditch since its construction has so drained defendant’s tract of land, and “has carried all of said surplus rain waters contrary to their natural course, to the end of said ditch at the said point of the boundary line of the said two tracts of land.” It is further alleged that these surface waters have “flowed to and upon and over and across the plaintiff’s said tract of land and have caused large bodies of water to form upon the plaintiff’s said tract of land, and have thereby made a large portion of plaintiff’s said tract of land unfit for cultivation or use, and have thereby caused great and irreparable damage and injury to plaintiff and to plaintiff’s said tract of land. ’ ’ There is also an allegation…