Weaver v. Beech Aircraft Corporation

The opinion of the court was delivered by

Price, J.:

This was an action by lower riparian owners, through whose land flows Four-Mile Creek, to enjoin defendants from diverting and taking the water from a spring which is one of the sources of supply for the creek.

Defendants have appealed from an order granting to plaintiffs a temporary injunction.

Briefly stated, the over-all picture of the matter amounts to this:

Defendant Fisher is the owner of a farm upon which is located what is known as “Fisher Spring.” It is not a “spring” in just the ordinary sense of the word, and from time immemorial has…