Hubbard v. Spring River Power Co.

The opinion of the court was delivered by

Porter, J.:

This is an appeal from an order overruling a demurrer to an answer. The purpose of the action is to recover damages alleged-to have been sustained by appellant’s lands being flooded by reason of the erection of a dam in Spring river by the appellee.

The only question involved in the appeal is, Was the judgment rendered in appellant’s favor , in a former action a bar to the present one? In overruling the *447demurrer the court held that the answer set up a good defense of res judicata. The answer set out copies of the pleadings, instructions,…