Metcalf v. Nelson

Citations

• 8 S.D. 87
• 65 N.W. 911
• 1895 S.D. LEXIS 27

Syllabus

<p>1. In the absence of evidence as to its source, it will be presumed that a natural spring of water is formed by the ordinary percolation of water in the soil.</p> <p>2. Water so percolating through the soil or coming to the surface in a spring belongs to the owner of a soil in such a sense and to such an extent that he is entitled to the exclusive right to use arid dispose of the same.</p> <p>3. A complaint which shows the plaintiff to be the owner of land upon which such a spring is located, and that the defendant, against his objection, and in defiance of his protest, has willfully and habitually taken large quantities of water from such spring, states a cause of action in favor of the plaintiff and against the defendant. Fuller, J., Dissenting.</p> <p>(Syllabus by the Court.</p>