Ballmer v. Smith

This is an action in equity to enjoin the defendant from making changes in the course and elevation of the banks of a watercourse known as Stump Creek. Plaintiffs secured a restraining order and temporary injunction. Defendant denied the right of plaintiffs to relief and sought a decree authorizing the restoration of the natural ridge of Stump Creek, and that he be authorized to straighten Stump Creek by making cuts on his own land. He sought damages for loss of crops during the pendency of the action because of the temporary injunction. Before trial landowners along Stump Creek and others…