TISHER v. JARRETT

No. 9474.

68 N.W.2d 592 (1955)

Donald TISHER and Robert Carlson, Plaintiffs-Appellants, v. Ray S. JARRETT, Defendant-Respondent.

Supreme Court of South Dakota.

February 21, 1955.


Attorney(s) appearing for the Case

L. R. Gustafson, Britton, for appellants.

W. H. Morgan, Britton, and Wm. J. Holland, Sisseton, for respondent.


LEEDOM, Presiding Judge.

Plaintiffs alleged in their first cause of action that defendant had filled and dammed a ditch that formed a part of a drainage district established according to law; that as a result water was held on plaintiffs' lands rendering them soggy and unfit for farming and grazing. It was also alleged that pecuniary compensation for the damage done would be hard to determine, an inadequate remedy for the wrongful act of obstructing the drain, and...

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