North Union Canal Company v. Newell

CROCKETT, Justice:

Plaintiff, North Union Canal Company, brought this suit to compel defendants Newell to remove a fence which they had placed along the bank of plaintiff’s canal *179which flows through the defendants’ property. From a judgment in defendants’ favor plaintiff appeals, contending that the fence will interfere with its long established easement for the use and maintenance of its canal.

The North Union Canal was constructed and has been in continuous operation during the irrigation seasons for more than 75 years. It is a substantial canal several feet in width which carries water from…