THOMPSON v. Dyar

This is an appeal from a judgment in an action brought by the appellants seeking damages and a mandatory injunction to require appellee to remove a levee constructed on the land of appellee with the consent and approval of the appellee, and to perpetually enjoin appellee from obstructing a certain stream and the flow of water therein.

Issues were joined upon the appellants’ complaint alleging- that the appellee wrongfully built and constructed a certain levee on and in the natural channel of a stream known as Lick Creek to the height of approximately five feet and extending along such stream…