Eckel v. Springfield Tunnel & Development Co.

The plaintiff brought this. action to enjoin the interference by defendant with the natural flow of water from a certain spring and for damages caused by past interference therewith. The facts hereinafter stated appear from the findings.

The plaintiff is the owner of 87% acres of land, through which Mormon Creek flows, all of such lands being riparian to the stream. The defendant is the owner of a tract of land adjoining plaintiff’s land on the north and containing approximately 1,000 acres. Patents were issued by the United States more than fifty years ago for all of said lands of both…