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CAPES v. BARGER

No. 18,336.

123 Ind. App. 212 (1953)

109 N.E.2d 725

CAPES ET AL. v. BARGER ET AL.

Court of Appeals of Indiana.

Filed January 15, 1953.

Attorney(s) appearing for the Case

George F. Sammons, of Kentland, Robert B. Wright and Cope J. Hanley, both of Rensselaer for appellants.

Emmett M. LaRue, of Rensselaer, for appellees.

CRUMPACKER, J.

The appellants Capes and Capes and the appellees Barger and Barger are the owners of adjoining farms in Jasper County, Indiana, and the appellant Lohr rents the Capes land on a crop-sharing arrangement. The appellees constructed a dam on their land which caused water to back up on a portion of appellants' farm and destroy the growing crops thereon. They sued to compel the appellees to remove the dam and to collect damages. The court found for the appellees...

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