Atchison, Topeka & Santa Fe Railway Co. v. Shriver

The opinión of the court was delivered by

Burch, J.:

The action was one by the railway company to enjoin destruction of a twelve-inch dam in the Cottonwood river erected to enable the railway company to secure water from the river. A temporary injunction was granted. The answer and cross-petition of the defendant, a mill owner having mills operated by water power both above and below the dam, prayed for an injunction against maintenance of the dam. At the time the answer was filed, and at the time of the trial, the cause of the litigation — dearth of water resulting from excessive drought — had…