Bobo v. Young

SIMPSON, Justice.

Ernest Bobo, the complaining appellant, instituted this suit in equity against appellees, Young and Crutcher, lower riparian proprietors of an all-weather stream which ran through the lands of both parties, to abate as a nuisance the backing up of water onto appellant’s land by reason of the construction by the appellees of a dam across the stream at the eastern edge of their property.

Appellant’s land lay immediately west of appellees’ and before the construction project was undertaken, appellees employed a civil engineer to mark out the lines of the backwater so that it…