Opinion
Gen. No. 10,102. (Abstract of Decision.)
Opinion filed July 23, 1947 Rehearing denied September 23, 1947 Released for publication September 24, 1947
WATERS AND WATER SUPPLY, § 15 — surface waters, evidence as supporting injunction and damages respecting obstruction of natural watercourse. Findings, and decree granting injunction and crop damages, in action by owners of dominant estate against owner of servient estate charging latter with creating dam and obstructing natural flow of water, were sufficiently supported by evidence showing natural watercourse and tile ditch running across adjoining lands of parties and that owner of servient estate deliberately constructed dam or embankment at fence line obstructing flow of water, that obstruction was not natural result of tilling soil, and that tile had been blocked by such owner on previous occasions, so as to warrant affirmance as not being against weight of evidence (Ill. Rev. Stat. 1945, ch. 42, par. 85; Jones Ill. Stats. Ann. 42.149).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Lee county; the Hon. GEORGE C. DIXON, Judge, presiding.
Judgement affirmed. Heard in this court at the October term, 1946.
Besse and Besse, for appellant;
Clyde Smith for appellees.
Not to be published in full. Opinion filed July 23, 1947; rehearing denied September 23, 1947; released for publication September 24, 1947.