Bowen v. Wendt

The Court.

Plaintiff is the owner of certain land and premises containing twenty-five acres, more or less, situate in the county of Santa Clara, through which a stream, known as Coyote creek, runs, and upon said land and near said stream the plaintiff has his dwelling-house.

Plaintiff uses his land for grazing cattle and other domestic animals, and the waters of said stream are useful and necessary for the watering of plaintiff’s stock.

*238Defendant maintains a slaughter-house upon or near the stream above plaintiff’s premises, from which the offal, etc., is turned into said Coyote creek, pollutes…