Thomas v. Estate of Ducat

CLARK, Judge.

Plaintiffs-appellants, the owners of farm property, brought suit against defendants-respondents as owners of other land nearby, claiming damages and for injunctive relief on account of the alleged obstruction by defendants of a natural waterway. The trial judge heard the cause without a jury and found for the defendants.

On this appeal, plaintiffs contend the judgment was in error because it was against the weight of the evidence and because it was the product of a misapplication of the law. The determinative question before the trial court, and on this appeal, is whether the…