(DOWNLOAD) "Ohare v. Johnson" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Ohare v. Johnson
- Author : Supreme Court of Montana
- Release Date : January 06, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Injunction ? Waters and Water Courses ? Land Owner Conducting Waste Water upon land of Neighbor ? Reclaiming of Agricultural Land to Injury of another Owner not Countenanced by Law ? Owner may use Land as he pleases Provided that of another not Injured. - Page 411 Injunction ? Owner of Land Conducting drainage water upon land of neighbor ? Complaint ? Sufficiency ? Equity. 1. Complaint in an action by the owner of agricultural land to enjoin a neighboring owner from conducting drainage water onto the formers property until such time as defendant should provide an outlet for such water other than plaintiffs land, defendant by the course pursued flooding and destroying the productivity and permanently injuring plaintiffs property, held to have stated a cause of action as against a general demurrer, and findings in favor of plaintiff held sustained by the evidence. Findings in Equity cases ? When Not to be Disturbed on Appeal. 2. Where the findings of fact of the trial court in an equity case are supported by substantial evidence, they may not be disturbed on appeal. Agricultural land ? Drainage ? Reclaiming of Land to Injury of that of Neighbor without Compensation not Permissible under Law. 3. The law does not countenance the principle that one tract of land may be reclaimed at the expense of the destruction of that of another without compensation. (See 8743, Rev. Codes.) Same ? Owner may use Land as he pleases Provided that of Another not injured. 4. One has the right to use his land as he pleases and change the flow of surplus or waste water, subject to the limitation that his use must be such as not to injure the land of another, or, as otherwise expressed, the use must be without malice or negligence. Same ? Case at Bar ? Decree enjoining Land Owner from conducting Drainage Water upon Land of another ? Affirmed. 5. Decree granting injunction against the construction of a drainage ditch, under the facts above. (Par. 1.), until such time as defendants can dispose of the water carried therein so as not to damage plaintiffs land by discharging it thereon, the evidence showing that this can be done in a method entirely feasible and at moderate cost to defendants, affirmed.