Robins v. Roberts

In this suit plaintiff by two causes of action sought to restrain defendant (a) from maintaining on his land a cement dam or headgate thereby causing the waters of Kay’s creek to back up and overflow its banks and flood a portion of plaintiff’s land; and (b) from maintaining a row of willow trees along the boundary common to plaintiff’s land and defendant’s land, and from permitting the roots and branches thereof to extend into and over plaintiff’s land. Plaintiff also prayed for damages on each cause of action. Defendant’s defense to the first cause of action was set out by way of…