Mahaffey v. Carlson

This action was commenced by respondent against appellants to recover damages and for an injunction. The complaint sets forth three separate causes of action. There are, however, but two causes of action involved in this appeal, to which attention will be hereafter called, but no reference will be made to the third cause of action which is for injunctive relief for the reason that the same was abandoned.

From the record it appears that respondent’s predecessor in interest constructed a ditch for the purpose of conducting water and through which water was carried from Lemhi River to and upon…