De Conly v. Winter Creek Canal Co.

■ Letton, J.

One De Conly brought this action to enjoin the Winter Creek Canal Company, hereinafter termed the defendant, from obstructing the flow of water in a drainage ditch belonging to Drainage District No. 1 of Scotts Bluff county, alleging that this caused his land to be damaged by seepage water and floods. De Conly afterwards died and the suit was revived in the name of his executor. A permanent injunction was allowed. Defendant appeals.

The De Conly tract of about 120 acres of land lies in the valley of the North Platte river with highér lands to the north and west. A drainage ditch…