Drake v. Smith

This is a consolidated action by five landowners. They seek damages for the pollution of a stream from which they take water for domestic use by means of a community water system. Defendants appeal from a money judgment against them.

Although defendants direct fourteen assignments of error to as many material findings of fact entered by the trial court, there is substantial evidence in the record to establish the following:

The properties of plaintiffs, together with that on which the diversion point of the community water system is located, were once owned by Amasa Everett as one tract. None…