George v. FISH CREEK IRRIGATION DITCH COMPANY

MR. CHIEF JUSTICE HARRISON:

This is an action to abate as a nuisance a dam owned by the defendants and to enjoin defendants from restoring the dam to its present condition without affording an outlet for silt, debris, ice and other accumulations.

By their complaint the plaintiffs charged negligence in the construction of the dam in that defendants failed to provide any opening through which silt or refuse could be released, or to install a dam of a type which might be dropped or folded at times of flood or when not required to divert water; that by reason of such facts the river channel was…