Drew v. Cole

Citations

• 3 Cal. Unrep. 765
• 32 P. 229
• 1893 Cal. LEXIS 1011

Syllabus

<p>Surface Water—Obstructing natural Flow.—Where, from time immemorial, surface water had flowed through well-defined channels, from the adjacent country, upon plaintiff’s land, and would still but for the erection by plaintiff of an embankment which diverted the water upon defendants’ land, the fact that a change in the conformation of the adjoining country, resulting from its cultivation by strangers, had obliterated the natural channels, and formed' new ones, which would cause the water to overflow defendants’ lands but for an obstruction erected by strangers many years before such change, will not justify plaintiff in maintaining his embankment, to the injury of defendants.</p>