Cantrell v. Buck

This is a suit to enjoin the maintenance of a dam and irrigation ditches on premises of the plaintiffs and to recover damages suffered thereby.

At the close of plaintiffs’ ease, defendants moved for judgment on the evidence, dissolving the temporary injunction and dismissing the complaint. The motion was sustained, and, from the final judgment following, plaintiffs have appealed.

Counsel agree that the motion sustained by the court is equivalent to a demurrer to the evidence.

Admittedly, plaintiffs had shown their ownership of the premises, and the intrusion by the defendants. The theory of the…