Croley v. De Witt

GEORGE W. CLOYD, Special Judge.

Defendants-Appellants hereinafter referred to as defendants appeal from an order whereby defendants are permanently enjoined from permitting a dam or levee or any other type of obstruction to remain in and across a natural drainway. Defendants, their agents or servants were given five days to comply with the order.

Defendants contend that, plaintiffs’ petition failed to state a claim upon which relief could be granted, and secondly, that plaintiffs failed in their burden of proof, in failing to show that there was a natural watercourse and that defendants failed…