Moore v. Snyder

MILLIKEN, Justice.

This is an appeal from a summary judgment refusing to declare the rights of the *12parties and to issue an injunction in behalf of the appellants, plaintiffs below.

The appellants sought to have their rights to the flow of surface water determined after the appellees had constructed three dams to detain the water on their property. A surface spring on the appel-lees’ land was the source of the water together with the usual rainfall. It flowed about 300 yards across the farm of the appellees, then one-fourth of a mile across the farm of C. A. Julian, after which it returned to…