Kallenburg v. Long

The plaintiffs sued for damages caused by damming back surface waters and for injunction against further interference with their flow. The complaint was in two counts based upon different theories of the plaintiffs’ right to maintain the action. A general demurrer to the complaint and to each cause of • action was sustained as to. both causes of action, and upon plaintiff’s refusal to amend, judgment was entered for the defendants. The plaintiffs appeal.

All the facts are set forth in the second count. The demurrer went to the root of the ease. If upon all the facts the plaintiffs are not…