Harder v. Yates Center Water, Light & Power Co.

The opinion of the court was delivered by

Porter, J.:

Plaintiff sued to enjoin the erection and maintenance of a dam and reservoir on a stream adj acent to his lands, which he alleged is a natural watercourse, and which ran through his own land above and below the dam. He alleged that defendants by maintaining the dam where it is caused the water to flood *178the portion of his lands above the reservoir and prevented the natural flow of the stream upon other lands belonging to him below. There is no question raised except as to trial errors. At the outset plaintiff’s right to be heard in this court…