Lasson v. Seely

McDONOUGH, Justice.

Defendant appeals from a judgment and decree whereby he is enjoined from maintaining a dam in a water-course known as Panawats slough, and incidental damages are assessed against him for depriving- plaintiff of water for irrigation purposes. Defendant contends: (1) That he was and is entitled to erect and maintain such a dam; (2) that plaintiff failed to show any actual damage; (3) that defendant was entitled to recover at least nominal damages on his counterclaim for trespass, and also recover costs.

Panawats slough is a water course, the flow of which is in a northerly…