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

OPINION OF THE COURT BY

PERRY, J. (Frear, C.J., dissenting.)

This is a bill in equity for an injunction to restrain the respondent from digging a tunnel under, through or across certain land, situate at Wailuku, Maui, of which the complainant is alleged to be the owner.

It is undisputed in this case that the complainant is the owner of the land described in Land Commission Award 3231, Apaña 1, issued to Opunui, and situate in said Wailuku. One of the sides of this Kuleana is described in the Award as running, “Hema 36° Ko. 1.22 Kh. e pili ana me Kahawai” (meaning the Iao stream). Complainant…