Pioneer Irrigating Ditch Co. v. Blashek

BRICE, Justice.

This action was brought by the appellee (plaintiff below) against the appellant (defendant below) to enjoin him from diverting water from North Spring river in Chaves county, N. M., to the use of which appellant claims the right. The parties will be styled plaintiff and defendant as in the court below.

At the request of the defendant the court made certain findings of fact and refused certain others requested. From these findings and requested findings we have determined the facts as we think the court should have found.

The plaintiff, together with the Eureka Irrigation Ditch…