Brasher v. Gibson

STRUCKMEYER, Chief Justice.

This is an action by Charles Brasher and Bessie Brasher, his wife, and Byrt M. Waller and Lucille M. Waller, his wife, against Keaton Gibson seeking an injunction to prevent the obstruction and diversion of waters of the Colorado River and to recover actual and punitive damages. The trial court entered judgment in favor of the defendant, denying plaintiffs all relief. The judgment was reversed in the Court of Appeals, 2 Ariz.App. 91, 406 P.2d 441, and 2 Ariz.App. 507, 410 P.2d 129. Opinions of the Court of Appeals ordered vacated.

The area in dispute concerns a…