Robertson v. Arnold

Eussell, Chief Justice.

Eobertson brought a petition praying that Arnold be enjoined from diverting water from a non-navigable stream flowing on the land of the plaintiff. The court sustained a general demurrer and dismissed the action, and the plaintiff excepted.

It is stated in the brief of counsel for the defendant that the only question in this case is whether or not the-petition sets forth a cause of action; and that in order to apply the law'applicable in eases of this kind, the plaintiff must set forth in his petition sufficient facts to justify the relief which he asks the court to…