Barnard v. Shirley

The appellee sued the appellants to recover damages for, and to restrain them from causing cer’falh' mineral water coming from defendants' well to flow through a certain spring branch adjoining plaintiff’s land, by which the waters of said branch are befouled to the plaintiff’s injury. The issues made were tried by the court, resulting in a, finding and judgment against the defendants, according to the prayer of the complaint. That judgment was, on appeal to this court, reversed for error in sustaining a demurrer to the second paragraph of defendants’ an-I swer. Barnard v. Shirley, 135 Ind.…