Evans v. Diehl

Citations

• 102 Kan. 728
• 172 P. 17
• 1918 Kan. LEXIS 129

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Drainage Ditch — Findings. Findings of fact upon which a judgment enj'oining the maintenance of a drain and ditch was based, examined, and no substantial conflict discerned therein.</p> <p>2. Surface Water — Drainage Ditch — Depression—No Watercourse. A depression in a plaintiff’s land of lower elevation than a depression in defendant’s land, and into which waters from defendant’s depression flow in times of heavy rain, is not necessarily a natural watercourse into which the defendant may lawfully drain the waters from his depression under section 2 of chapter 175 of the Laws of 1911 (Gen. Stat. 1915, §4051).</p> <p>3. Same. A depression into which surface and standing waters may be drained is not necessarily a natural watercourse merely because flood waters from a neighboring river find their way into that depression when the river is in flood.</p> <p>4. Sam:e — Findings of Trial Court Conclusive. Where there is room for differences of opinion in' the determination of an ultimate and controlling fact, the opinion and j'udgment of the trial court thereon is conclusive on appeal.</p> <p>5. Same — Depression Not a Natural Watercourse — Injunction Allowed. Defendant constructed a drain and ditch on his own land, in the natural c.ourse of drainage towards the land of plaintiff, which drain and ditch discharged their waters into a lower depression on plaintiff’s land, but such lower depression was not a natural watercourse. Held, that such ditch and drain were not authorized by section 2 of chapter 175 of the Laws’of 1911 (Gen. Stat. 1915, §4051) nor otherwise, and' were properly enj'oined.</p>