Nunn v. Osborne

Plaintiff Nunn filed this action on August 30, 1962, seeking an injunction to prevent defendant from obstructing or diverting the flow of water in a stream that originated north of defendant’s land and trending southward, entered and crossed plaintiffs tract.

The petition alleges that defendant has constructed a system of dams upon his property which prevented and obstructed the natural flow of water in the stream to such an extent that it “became dry” upon plaintiffs land. The petition also alleges that the stream normally flows almost continually and that plaintiff needs its waters for his…