Tompkins v. Brown

The opinion of the court was delivered by

Hutchison, J.:

This is an appeal from an order of the trial court enjoining and restraining lower landowners from erecting and maintaining a dam obstructing the flow of water over their land so as to cause the water to back up over and on the premises of the plaintiff, an upper landowner. The action was not only for an injunction but also for damages claimed to have been already sustained by the plaintiff by reason of the water being backed up on his premises, but the injunction feature is all that has thus far been tried.

*112The petition is apparently…