Harder v. Yates Center Water, Light & Power Co.

The opinion of the court was delivered by

Porter, J.:

This is a suit by which the plaintiff sought to enjoin the erection of an obstruction consisting of a dam in a stream which the petition alleged is a *316natural watercourse. In the original petition, which was filed December 26, 1905, it was alleged that the defendants were threatening • to construct the dam in question; that plaintiff owned two tracts of land, one comprising a half section and the other a quarter section through which Owl creek, runs, and that the erection of the dam would deprive him of the natural flow of the stream through…