THOMPSON DITCH COMPANY v. Jackson

TUCICETT, Justice:

Plaintiff filed these proceedings in the court below seeking injunctive relief against the defendants for an alleged interference with the plaintiffs ditch and the flow of water therein. The plaintiff also claimed it was entitled to general and punitive damages. Plaintiff has appealed from an order entered by the court below dismissing the complaint.

The plaintiff filed its complaint on November 24, 1964. Motions to dismiss were filed by some of the defendants but no hearing was had thereon. Discovery proceedings were had during 1965 and were substantially completed during…