Tonini v. Ericcsen

This action was brought to restrain the defendant Ericcsen from permitting waters from Russ Creek, which defendant Ericcsen had diverted on to his own lands, to escape to and on to the lands occupied by the plaintiff, and for damages already sustained by the plaintiff by reason of water escaping from defendant’s said lands on to the lands in the possession of the plaintiff. Defendant answered and claimed a right, or easement, to have the waters of Russ Creek flow over and across the said lands, of which the plaintiff was in possession. The question of damages was submitted to a jury and…