Regouby v. Dawson County Irrigation Co.

Chase, District Judge.

This is a suit in equity to enjoin an alleged continuing-trespass upon real estate, and to recover damages resulting therefrom. From the decree of the trial court award*712ing plaintiff damages for the value of the land actually appropriated, and denying special damages and injunctive relief, the plaintiff has appealed.

This action was originally commenced on January 22, 1930, as an action at law in which the plaintiff sought to recover damages for the value of lands actually appropriated by the defendant for an irrigation canal; special damages to the remainder of the tract…