Smelcer v. Rippetoe

Complainants filed their original bill in this cause for the purpose of permanently enjoining the defendant from repairing and maintaining a dam across Lick Creek in Greene County. There are nineteen complainants to the bill, and they claim that they own lands on said creek which they claim would be irreparably damaged by the repairing and maintenance of said dam. It is their insistence that defendant has not acquired any right to ■ construct or maintain the dam complained of, and that they are entitled to have same permanently enjoined because of the nature of the damages resulting therefrom.