Dougan v. Board of County Commissioners

The opinion of the court was delivered by

Harvey, J.:

Plaintiffs sued to enjoin the board of county commissioners from building a dam across what they alleged to be a natural watercourse on land owned by them. By amended pleadings the state board of health, certain property owners and the city of Silver Lake were made parties defendant. The state board of health and the county commissioners, constituting the local board of health, defended upon the grounds that plaintiffs had cut a ditch in the watercourse in such a way as to drain a natural lake stocked with fish, creating a health menace, a…