Falkenberg v. Neff

In an action for the wrongful, willful, and malicious destruction of a dam and diverting works constructed by them across Red Cedar creek, in Juab county, the respondents obtained a verdict and judgment against appellants for $862.50 actual damages and $5,000 punitive damages, from which appellants have appealed.

The respondents and the principal appellant, the Granite Creek Irrigation Company, are rival claimants to the use of the waters of Red Cedar Creek; both having uncompleted applications for appropriations for irrigation purposes of definite quantities of water therein pending before…