Hagins v. Wilson

A. J. and B. J. Hagins, appellants, filed this suit against W. T. Wilson and Walter Carlisle, to enjoin them from diverting the flood waters of Duck creek, and to recover damages resulting to plaintiffs’ lands by reason of such diversion. A trial before a jury resulted in a verdict for the defendants. Duck creek is not a perennial stream, but during freshets overflows the valley through which it runs, inundating the lands belonging to the several parties to the suit. The territory in controversy is the southeast quarter of section 168 in Dickens county, the southwest quarter of section 167,…