Posey v. Dove

FOWLER, District Judge.

The plaintiffs (appellants) sued to enjoin the defendants (appellees) from maintaining a dam or obstruction across the Peñasco river which backed up and impounded the river waters and caused them to flood some two or three acres of the plaintiffs’ land during such times as the defendants were using the structure to raise the waters to a height sufficient to allow it to flow into the intake of the ditch then being used to convey the water for irrigation of the defendants’ lands. After trial, the court dissolved the restraining order previously issued and dismissed the…