Johnston v. Wanamaker Ditch Co.

Plaintiff in error is hereinafter referred to as Johnston, his grantor as Williams, defendant in error as the company, and the Wanamaker (Irrigation) Ditch'as the ditch.

Johnston, claiming the right to run water through the ditch on payment of $2.50 annually, sued to recover excess charges of $200 and sought an injunction restraining- the company from interfering with that right and directing it to deliver his water on payment of the sum named. That he' was entitled to delivery was undisputed, and established by the decree. His right to recovery as prayed was denied. The court held that he…