Lomas v. Webster

The alignment of the parties -to this action is the same here as in the trial court and for convenience we shall refer to plaintiff in error as plaintiff and to defendant in error as defendant. The plaintiff, alleging a usufructuary right to certain seepage waters by appropriation and adverse use, sought injunctive relief in the district court against defendant, who, it was said, by an excavation and construction of a dam in the area of the origin of plaintiff’s ditch, had cut off plaintiff’s water supply. Upon trial, and at the conclusion of the presentation of plaintiff’s evidence, the…