City of Springville v. Fullmer

ZANE, C. J.:

This is an appeal from an order of nonsuit, and also ■from an order overruling appellant's motion for a new trial. The action was for an injunction to restrain the respondent from diverting the waters of Sage creek and Fullmer springs. It appears from the evidence in the record that these waters were appropriated in 1862 to •domestic and agricultural uses by six men, and that with their express consent Springville took control of them in 1876, and since then has distributed them hy its water-master, according to rules and regulations made by authority of ordinances, to a portion…