Pereira v. Smith

Foote, C.

The plaintiff brought this action to enjoin the defendant from interfering with the former’s use of certain natural waters of a stream claimed by the plaintiff as a prior appropriator, and for damages for injury already done in obstructing the flow of that water.

The plaintiff obtained a judgment as prayed for. From that, and an order denying a new trial, the defendant has appealed.

The main contention of the appellant appears to be that the court erred in making its fourth, seventh, eighth, ninth, tenth, eleventh, and twelfth findings of fact, and a long and vigorous argument, of many…