Baker v. Ellis

Plaintiff in error was defendant, and defendants in error plaintiffs in the court below, and hereinafter will be referred to as they there appeared.

This action was brought by plaintiffs against defendant seeking a permanent injunction against the erection of a dam across Fish Creek by defendant on defendant’s land. From a judgment granting a permanent injunction, defendant appeals.

The record reveals that Fish Creek is a small stream with well defined banks, a channel, a flow of water, and permanency, which originates from a spring or springs located on land of the defendant. It flows…