Brown v. Koloa Sugar Co.

OPINION OF THE COURT BY

WHITING, J.

Action for damages against defendant for trespass in unlawfully shutting off the water from the Koloa stream flowing to Hanakaape, on December 26, 1898, and January 2, 1899, the plaintiff claiming the right to the water.

Defendant in answer denies that the plaintiff is entitled to water for the premises mentioned in the complaint herein, or has any water right or ever had the right to use water from the stream running near said premises; and denies that plaintiff has ever been deprived by the defendant of his right to water or has been damaged by the defendant…