HENDRICKSON v. WAGNERS, INC.

Nos. 20636, 20650.

598 N.W.2d 507 (1999)

1999 SD 74

James HENDRICKSON and Farol Hendrickson, Plaintiffs and Appellees, v. WAGNERS, INC., Paul W. Wagner a/k/a Bill Wagner, and Terry Wagner, Defendants and Appellants, and Loren Wagner, Doris Ruth Hoffman, Harold D. Hoffman, Wilma Ann Dwight, and Edward Ivan Torguson, Defendants.

Supreme Court of South Dakota.

Decided June 23, 1999.


Attorney(s) appearing for the Case

Richard A. Sommers of Bantz, Gosch, Cremer, Peterson and Sommers, Aberdeen, for plaintiffs and appellees.

Frank E. Denholm of Denholm and Glover, Brookings, for defendants and appellant.


GILBERTSON, Justice

[¶ 1.] Servient landowners brought suit against dominant leaseholders for intentionally draining water onto their land resulting in crop loss. After a trial to the court, the servient landowners were awarded damages for three of the years at issue along with pre-judgment interest. However, the trial court refused to grant the servient landowners an injunction against future drainage. The dominant leaseholders appeal. We affirm. The servient...

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