Wilson v. Ward

This action was commenced by appellees, as plaintiffs in the court below, against appellant as defendant, to restrain him from operating two wells upon his own lands, which, it is alleged, are located so near Lone Tree creek that they draw water from this stream, which he utilizes by means of pumps, to their injury. These wells will be designated as the “ upper ” and “ lower.” The answer denied that these wells drew water from the stream. On the issues joined, at the request of appellees, the cause was submitted to a jury upon the following interrogatories relating to the upper well:

1. Does…