McOsker v. Burrell

Suit by appellee, against appellant, for obstructing an ancient watercourse and diverting the course of the water, which obstruction and diversion caused an overflow of appellee’s land, to his damage, etc.

The acts done are thus charged in the complaint:

“ The plaintiff avers that the said defendant, without any right or authority from the plaintiff, or by lawful right or authority, did, on or about the 20th day of May, 1871, order, and ever since that, time has maintained, a dam across the original channel of said creek, of logs, plank and earth, and thereby, and by digging a ditch, then and…