Brasher v. Gibson

DONOFRIO, Judge.

This is an' appeal from a judgment rendered in favor of the defendant in a trial to the court. The appellants, plaintiffs in the court below brought action against defendant, appellee herein, claiming that defendant was wrongfully obstructing and dividing what is known as “Cibola Slough” or “Cibola Lake”, hereinafter referred to as Cibola Slough, and was wrongfully controlling the natural flow of water into Cibola Slough to the injury of plaintiffs’ property which is riparian to Cibola Slough. Plaintiffs’ claims were denied by defendant.

The main issue to be resolved is whether…