Dunn v. Thomas

Pound, C.

Plaintiffs sue to enjoin tbe defendant from interfering with or preventing their cleaning out and operating an irrigation ditch, which they claim a right to maintain over and across the defendant’s land. They also pray an injunction to restrain the defendant from in any manner *684diminishing the flow of water in the ditch. The trial court dismissed the cause, and plaintiffs appeal.

The claim to relief against diminishing the flow of water in the ditch .appears to be directed against certain ditches maintained by the defendant (who is an upper riparian owner) on his own land, and to be…