Larimore v. Miller

The opinion of the court was delivered by

Mason, J.:

Comfort H. Larimore brought an action against John C. Miller charging him with obstructing a natural watercourse flowing from her land to his, and asking for damages for injury thereby occasioned to her crops and for a mandatory injunction for the removal of the obstruction. A demurrer to the evidence of the plaintiff was sustained, and she prosecutes error.

The principal controversy is whether there was any evidence tending to show the existence of a watercourse at the point on the defendant’s land where he erected an embankment. The…