Roberts v. Arthur

Mr. Justioe Elliott

delivered the opinion of the court.

The appellants in this case, plaintiffs below, brought this action, claiming to be the owners of a certain ditch by means of which they had made appropriations of water from Coal creelc and South Oak creek to supply the town of Coal Creek for domestic use; and that they had thereby acquired a priority of right to such water superior to the rights of defendants. They charged defendants with having begun the construction of another ditch above plaintiffs’ head-gate with the avowed purpose of taking all the water naturally flowing in said…