Tongue v. Gaston

By tlie Court,

Lord, J.:

This suit is brought by Tongue, the appellant, to enjoin the defendant from maintaining a dam across Patton creek, by means of which the waters of said creek are diverted through a canal across plaintiff’s land, and, as he alleges, to his irreparable injury. The answer puts in issue the injury and damages, and sets up as a separate defense that the dam, with a canal complained of, is part of a system of improvements for the purpose of drainage, constructed by the defendant under tlie authority of the county court, &c., and also, that it was located and constructed over…