City of Payette v. Jacobsen

This suit was commenced by respondent, hereinafter called the city, to procure an injunction restraining appellant from flooding one of its streets.

It is alleged in the complaint that appellant is the owner of an irrigated farm and pasture land which adjoin the easterly side of Eleventh Street of the city, between First Avenue North and Third Avenue North therein; that on or about July 18, 1935, appellant, her agents, servants and employees, by wrongful and negligent use of water, in excess of that reasonably necessary for the irrigation of her land abutting on said street, and by failure to…