Olson v. City of Wahoo

This is an action in equity, brought against the city of Wahoo, upon the charge that the city’s new pumping plant has exhausted the water at the bottom of plaintiffs’ gravel pit and made it worthless. Plaintiffs pray that the city be restrained from operating its pumps to a greater capacity than 300 gallons a minute, and that plaintiffs have judgment for damages in the sum of $39,271.50. The trial court determined that the plaintiffs had failed to make out a case, and dismissed the action.

*803As the trial court determined the controversy largely as a question of fact, it is necessary to make a…