Ilhenny v. Broussard

This is an action to enjoin the defendant from using a certain navigable canal belonging to plaintiff and his associates and constructed upon their own lands. From a judgment granting the injunction, the defendant appeals.

The defense is that the canal diverts so much water from a certain natural channel as to make the latter no longer navigable as it was before the. canal was constructed, and that therefore the defendant has the right to use the canal (even though a private one), because of having been deprived of the use of the natural channel.

The evidence, however, is very conflicting as to…