Bristor v. Cheatham

WINDES, Justice.

The appeal is from an order of the lower court in sustaining a motion to dismiss plaintiffs’ complaint. For the original majority and minority opinions, see 73 Ariz. 228, 240 P.2d 185. The substance of the allegations of the complaint are set forth therein. Rehearing was granted. Whenever the term ground water is used herein it shall be construed to mean what is commonly called natural percolating water, and when the term majority is used reference is made to the majority original opinion.

The only questions presented by the pleadings, by the assignments of error and by the…