Town of Genoa v. Westfall

Opinion by

Mr. Justice Moore.

Defendant in error was plaintiff in the trial court and we will refer to him as plaintiff or Westfall. Plaintiff in error was defendant in the lower court and will be referred to as the town or Genoa.

Westfall brought the action to enjoin the town from intercepting and diverting water forming the supply source of certain springs on his lands and to recover damages allegedly sustained by him because of the past diversions of said water and the resultant “drying up” of his springs.

The town alleged defenses which included a general denial of all pertinent facts, a…