Hawaiian Commercial & Sugar Co. v. Wailuku Sugar Co.

OPINION OF THE COURT BY

FREAR, C.J.

This is a suit in equity for an injunction to restrain the defendant from diverting water from the "VVailuku stream on the island of Maui to the injury of the plaintiff. The defendant included in its answer a plea, of former adjudication as to several matters alleged in the bill, and the Circuit Judge, by consent subject to the right of appeal, entered a decree sustaining the plea. The question on this appeal from that decree is how far *52the decision in Lonoaea et al. v. Wailuku Sugar Co., 9 Haw. 651, which is the decision relied on in the pica, is decisive of…