Woodward Iron Company v. Hill

CARR, Presiding Judge.

This is a joint action brought by Robert Alva Hill and his wife, Mary M. Hill.

The cause was submitted to the jury under Counts A and B of the complaint.

The plaintiffs and defendant are riparian owners of land through which flows a small stream known as Rock Branch. The plaintiffs’ property consists of about one-half acre on which is situated a four room house which was occupied by them as their home.

The defendant owned mining properties on this branch upstream from plaintiffs’ property. For several years prior to the time of filing of this suit the former used *152this…