Libbey v. Van Bruggen

OPINION OF THE COURT

PARKER, C. J.

Appellee, hereinafter called plaintiff brought action against appellant, hereinafter styled defendant, to enjoin him from having and maintaining a ditch over plaintiff’s land, wherewith defendant irrigated his adjoining lands. The court awarded a permanent injunction from which judgment defendant has appealed.

It appears that in the spring of 1916 defendant applied to plaintiff for leave to construct an irrigating ditch across plaintiff’s lands, which leave was verbally granted, without consideration to plaintiff, and upon condition that the ditch should be…