MacKay v. Breeze

In this cause the plaintiff secured a money judgment against the defendants on account of damages to plaintiff’s premises caused by seepage water, and the defendants were enjoined from coursing water through an irrigation ditch unless they either lined the same with cement or constructed a water-tight flume or conduit along the course of the ditch. Defendants appeal.

At the time this action was begun and tried, plaintiff was the owner of 2% acres of land located in the southwest quarter of section 34, township 1 south, range 1 west, Salt Lake meridian, in Salt Lake county, Utah. Plaintiff’s…