Hughes v. King

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from a judgment entered in the district court, Ravalli County, enjoining the appellants (defendants below) from interfering with the respondents’ ditch and with the respondents’ use of the waters flowing therein.

The case involves water flowing in Spring Gulch running in a northerly direction from the point of the respondents’ appropiation and traversing the property of the appellants. This water is conveyed for at least part of the distance in an artificial watercourse or “ditch’’, continuing beyond the property…