Cheeves v. Danielly

Blandford, Justice.

Danielly brought bis action against Cheeves to recover damages, for and on account of Cheeves’ having turned a portion of a stream of water known as Yellow creek from its natural flow, by digging a ditch from a point just opposite his (Cheeves’) land on Yellow creek, to a point on *116Tobesofkee or Big creek, just opposite the plaintiff’s land, thereby emptying the waters of Yellow creek into Tobesofkee or Big creek, and causing the latter to fill up with sand, or other obstructions, and raising the water of the creek so that the lands of the plaintiff were overflowed, causing…