Marsh v. Walters

W. H. Marsh and his wife brought suit for damages and for an injunction against Rudy R. Walters and Ms wife for permitting water to flow upon the land of the plaintiffs. The trial court allowed damages for an admitted trespass and granted the requested injunction. The defendants appeal oMy from that portion of the decree which contains the injunction.

The admitted trespass consisted in the draining of impounded waters in order to make repairs to a dam. The only issue in connection with the trespass was the amount of damages to be awarded.

Proceeding on the theory that the defendants had…