BRUHA v. BOCHEK

No. 9524.

74 N.W.2d 313 (1955)

John BRUHA, Plaintiff and Respondent, v. Otto BOCHEK, Defendant and Appellant.

Supreme Court of South Dakota.

December 20, 1955.


Attorney(s) appearing for the Case

Stover, Beardsley & Osheim, Watertown, for defendant and appellant.

William J. Holland, Sisseton, Glenn E. Fisher, Webster, for plaintiff and respondent.


ROBERTS, Judge.

This is an action to enjoin defendant from maintaining artificial outlets and ditches which allow surface waters to flow from basins or ponds on defendant's land upon adjoining land of the plaintiff and for damages to crops allegedly caused by waters so diverted.

Plaintiff is the owner of the northwest quarter and defendant is the owner of the southwest quarter of Section 28, in Brantford Township, Hamlin County. Plaintiff alleges that there...

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