Milick v. Baker

This is an appeal from a judgment ordering removal of certain encroachments placed in a watercourse by each party and denying damages to either.

The Controversy

Plaintiff’s complaint alleges that a certain watercourse or ravine bed lies entirely on defendant’s lot; that defendant obstructed the watercourse, causing diversion of water onto plaintiff’s lot to plaintiff’s damage. A second count was pleaded in the form of quiet title, but defendant denied any claim to plaintiff’s lot and no controversy developed with respect thereto on trial. Defendant filed a cross-complaint, alleging that said…